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STUDIES 































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STUDIES 


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Civil Government of Louisiana 


AND 


Constitution of United States 


AGNES MORRIS 


TEACHER OF CIVICS AND HISTORY, STATE NORMAL SCHOOL 


N ATCH ITOCH ES, LA. 


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Copyright, 1905 by AGNES MORRIS. 




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PREFACE. 


The purpose of this pamphlet is to present, in usable form, facts neces¬ 
sary in the teaching of the Civil Government of Louisiana and to indicate how 
these facts may be made to appeal to the experience of the pupil. 

The material presented has been gathered from the Constitution (1898), 
the Revised Statutes, the excellent Reports of Secretary of State. John T. 
Michel, the Compilation of the Laws of Louisiana Relating to the Free Public 
Schools by J. B. Aswell, Superintendent of Education, History and Civil 
‘Government of Louisiana by J. R. Ficklen, and from other sources. 

The manner of presentation implies that the teacher introduce the subject 
with a discussion of some known institution or some familiar phase of insti¬ 
tutional life and proceed from that to the development of the system empha¬ 
sizing fundamental principles in each unit and the similarity of structure in 
all. For example, the electric light plant of the city may be studied in detail 
and in relation to the municipality and from that the Municipal Government 
in its completeness. 

In rural districts, the Parish may be made the unit of study beginning 
with the care of the public road, the school, or any phase of the community 
life in which the pupils may be interested. 

It is not intended that all the facts in any one division shall be memo¬ 
rized ; many are for reference and will be needed in the discussions that arise 
out of the main subject. 

Having studied intelligentl}’ the government of the Municipality, the 
Parish, and the State (or any two of these), the pupil will be able to under¬ 
stand the Constitution as the fundamental law of the land and a few lessons 
historical in character, skillfully presented by the teacher, will create an 
atmosphere of reverence in the minds of the pupils for the Constitution and 
a desire to study the text of the document itself. 

It may happen in the year of a presidential campaign or at a time when 
some event of great national interest is before the people that the class 
could begin the study more profitably by a consideration of the event and 
pass from that to the study of the Constitution. The plan of study is not 
half so important as the vitalizing of the subject—the making it real to the 
pupil. 

It goes without saying that the teacher interested in her work will 
use the newspapers to illustrate the practical application of the principles 
taught in the schoolroom, visit the courthou*e, attend with her class, if pos¬ 
sible, a trial in the District Court, and secure all kinds of blank forms used by 
State, Parish, and city officers for the pupils to examine. 

The spirit animating each day’s lesson and the study as a whole should 
be to develop a right attitude toward American institutions and a sense of 
responsibility as citizens of a Republic. 


AGNES MORRIS. 


CONTENTS. 




PART I. 

I. MUNICIPAL GOVERNMENT. 

Form of Government prescribed by Act 136, 1898 
Amendment to same. 

List of Cities, Towns and Villages. 

II. PARISH GOVERNMENT. 

Police Jury. 

Parish Officers: 

Treasurer. 

Clerk. 

Assessor. 

Sheriff. 

Coroner. 

Superintendent of Schools. 

Board of Directors. 

Board of Health. 

Justice of the Peace. 

III. STATE GOVERNMENT. 

Legislative Department. 

Executive Officers. 

State Boards and Commissions. 

State Institutions. 

Judicial Department: 

Supreme Court. 

Court of Appeals. 

District Courts. 

Grand and Petit Juries. 

Taxation. 

Suffrage. 

Elections. 

Miscellaneous: 

Brief History of Louisiana. 

List of Governors. 

Louisiana Purchase. 

Louisiana and West Florida. 

Constitutions, when Adopted. 

Legal Holidays. 

PART II. 

I. CONSTITUTION OF UNITED STATES: 

Topics for Discussion Preparatory to Study of Constitution. 
Outline of Constitution. 

Constitution. 

List of Helpful Texts. 


MUNICIPAL GOVERNMENT. 


General Act for Government of Incorporated Cities, 

Towns and Villages* 


The frame of the government for incorporated cities, towns 
and villages is framed by the General Assembly. 

By Act 136 of the General Assembly of 1898, Municipal cor¬ 
porations are divided into three classes, viz., cities, towns, vil¬ 
lages ; those having 5000 or more are cities; those having more 
than 1000 and less than 5000 are towns; those having more than 
250 and less than 1000 are villages. 

The officers of every municipality are mayor, aldermen, (city 
not less than five nor more than nine; town, five; village, three), 
marshall*, tax collector, and street commissioner. The mayor, 
aldermen, and marshal are electedt by the people; the other officers 
by the aldermen. 

The provisions of this act do not apply to existing municipal¬ 
ities unless each, by a majority vote of the electors therein, deter¬ 
mines to come under the operation of this act. 

Each city, town, or village which is incorporated under this 
act (Act 136, General Assembly 1898,) is a municipal corporation 
with power: 

1. To sue and be sued. 

2. To purchase and hold real estate and personal property; 
to purchase and hold real estate within the corporate limits for all 
proper municipal purposes and for parks and cemeteries, hos¬ 
pitals, school houses, houses of correction, water works, electric 
ligets and sewers. 

3. To make all contracts and to do all other acts in relation 
to the property and concerns of the municipality necessary to the 
exercise of its corporate or administrative power. 


* The marshal may be street commissioner and in towns and villages he shall be tax 
collector and may exercise the power in the city. 

f Date of municipal elections, the Tuesday next following the third Monday in April 
every two years. (Amendment to Sec. 38. Act 136, 1898, 1904 ) 





Powers of Mayor and Board o c Aldermen. 

The mayor and board of aldermen of every city, town and 
village (Sec. 15, Act 136,) shall have the care, management and 
control of the city, town, or village and its property and finances, 
and shall have power to enact ordinances for the purposes herein¬ 
after named, and such as are not repugnant to the laws of the 
State. 

They shall have power: 

1. To levy and collect taxes upon all real, mixed, and per¬ 
sonal property within the corporate limits taxable according to the 
laws of the State, the valuation of such property to be taken from 
the assessment rolls of the parish; for general revenue purposes 
not to exceed ten mills on the dollar, and special taxes for giving 
additional support to the public schools and for the purpose of 
erecting and constructing public buildings, public houses, bridges, 
wharves, levees, sewerage work, and other works of public im¬ 
provement, the title to which shall be in the public in the manner 
provided by Article 232 of the Constitution; and in aid of public 
improvement or railway enterprises not to exceed five mills in any 
one year for a period of not longer than ten years, in the manner 
provided by the Constitution, Article 270. 

2. To levy and collect taxes annually not to exceed five mills 
on the dollar and for a period not to exceed forty years, on all 
taxable property wirhin the municipal limits, in addition to other 

, taxes, in a sufficient amount for the purpose of paying the interest 
coupons as they become due, on all bonds of the municipality now 
issued, or hereafter to be issued under Art. 281 of the Constitu¬ 
tion, and the bonds themselves, which bonds shall be payable only 
in cash or matured coupons or bonds. 

3. To make regulations to secure the general health of the 

municipality; to prevent, remove and abate nuisances. 

4. To compel owners of property adjacent to walks or ways, 
where dangerous, to erect and maintain railings, safeguards and 
barriers along the same, except when made dangerous by munici¬ 
pal authority. 

5. To regulate and order the cleaning of chimneys. 

6. To regulate parks, public grounds, depots, depot grounds 

and places of storage of freight and goods within the corporate 
limits, and to provide for and regulate the construction and pass¬ 
age of railways and street railroads through the streets, etc., of 
the municipality. 

7. To grant the right of erection of telegraph, electric light 

or telephone poles, posts and wires along and upon any of the 
streets, etc., of the municipality. 

8. To grant to any person, or corporation, the use of streets, 
etc., for the purpose of laying gas, water, sewer or steam pipes, or 
conduits for electric light, to be used in supplying the munici¬ 
pality and inhabitants, or any person or corporation, with gas, 

* Such privilege not to be exclusive. 


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etc. The franchise or privilege of any character not to be granted 
for a longer term period than twenty-five years, and privilege not 
to be exclusive. 

9. To prescribe rules for the weighing and measuring of 
every commodity sold in the municipality in all cases not otherwise 

provided for by law.to provide for the inspection and 

condemnation of coal oil, naptha, gasoline, and all other combus¬ 
tible oils, etc., when the same shall not be of the quality and 
standard prescribed by the ordinance. 

10. To establish and maintain, and to provide for the govern¬ 

ment and regulation of markets, market places, and meat shops, 
and to collect a license tax therefrom. 

11. To establish, alter and change the channels of streams 
and water courses, and to bridge the same whenever it will pro¬ 
mote the health, comfort and convenience of the inhabitants of the 
municipality. 

12. To provide for the subdivision of any tract of land within 
the corporate limits. 

13. To make all needful police regulations. 

14. To maintain streets and roads in the limits of the mu¬ 
nicipality. 

15. To provide for the election of municipal officers other 

than those required by the act. 

16. To provide for the removal of officers and discharge of 
employees for neglect of duty or misconduct. 

17. To appropriate money and provide for the current ex¬ 
penses of the municipality; but an indebtedness shall not be in¬ 
curred nor a warrant drawn on the treasurer in payment of any 
indebtedness to exceed the amount of funds on hand in the treas¬ 
ury at the time except as specially authorized in the issuance of 
bonds. To meet current expenses the mayor and council may 
borrow money, but the debt added to the current debt of the year 
may not exceed the sum which the levy of the taxes for the year 
may raise. 

18. To elect one of the aldermen to be mayor pro tern who, 
when occupying the place of the mayor, shall have the same 
powers and perform the same duties as the mayor. 

19. To cause to be constructed and maintained side walks, de¬ 
termine the material, plans and specifications, and grades of the 
same, and levy and collect taxes by special assessment for the pay¬ 
ment of same. 

20. To close and vacate any street or alley. 

21. To exercise the right of eminent domain in the laying 
out of streets, etc., constructing and repairing of sidewalks; and 
for the purpose of perfecting the drainage system, may exercise 
the right without as well as within the corporate limits. 

22. To exercise full jurisdiction in the matter of streets, 
sidewalks, sewers, and parks. 

23. To erect, purchase, maintain and operate waterworks 
and to regulate the same; to prescribe rates, etc. 


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24. To regulate, suppress, and impose a privilege tax on all 
circuses, shows, theatres, billiard tables, bowling alle>s, concerts, 
itinerant sellers of medicine, corn doctors, pet bear exhibitors, ex¬ 
hibitions for pay, fortune tellers, cane or knife racks, and like de¬ 
vices, gift enterprises, lung testers, museums menageries, feather 
renovators, muscle testers or developers, peddlers, flying jennies, 
pistol or shooting galleries, theatrical exhibitions, tin pin alleys, 
skating rinks, roller coasters, and other like things. 

25. To make regulations to prevent the spread of contagious 
or infectious diseases; to make quarantine laws not contrary to the 
general State laws on the subject, and to enforce the same within 
five miles of the corporate limits; to establish pest houses within 
or without the corporate limits and to provide for the support and 
government of the same. 

26. To prohibit and suppress all kinds of disorderly prac¬ 
tices and disturbances of the peace. 

27. To erect, purchase or rent, village, town or city hall, 
school houses, engine houses, and all other necessary municipal 
buildings. 

28. To construct all needful improvements in the harbor, to 
charge and collect levee rates, etc. 

29. To contract with the police jury for the use of the parish 

jail for the use of the municipality.to provide for the working 

of the streets by the municipal prisoners and to contract with 
the parish for such work by the parish prisoners or for the working 
of the parish roads by municipal prisoners. 

30. To levy and collect special assessments, taxes, and bonds 
provided for in this Act. 

31. To pass all ordinances, and to enforce the same by fine 
not to exceed one hundred dollars, or imprisonment for thirty days, 
or both. 

32. To license ferries. 

Powers and Duties of Mayor and Other Officers. 

The powers of and duties of the mayor are to preside at all 
meetings of the board of aldermen, and in case of equal division 
cast the deciding vote; to superintend all the affairs of the munici¬ 
pality; to take care that the laws and ordinances are executed; to 
sign all commissions and appointments of all officers elected or 
appointed by him and the board of aldermen; to sign warrants 
drawn on the treasury and to keep accurate record of the same; to 
recommend to the board of aldermen from time to time such meas¬ 
ures as in his opinion may tend to the improvement of the finance, 
the police, health, security, ornament, comfort and general pros¬ 
perity of the municipality; to require any officer of the munici¬ 
pality at any time to exhibit his accounts or other papers; to ex¬ 
ercise such jurisdiction as may be vested in him by ordinance over 
all places within five miles of the corporate limits for the enforce¬ 
ment of any health, quarantine, cemetery, or waterworks ordinance 


4 





and regulation thereof; to remit fines, etc., for offenses against the 
ordinances of the municipality, by and with the consent of the 
board of aldermen; to call on every male inhabitant of the com¬ 
munity over eighteen and under fifty-five to aid in enforcing the 
law. The mayor may veto any measure passed by the board of 
aldermen, but a measure vetoed may be adopted, notwithstanding, 
if two-thirds of the aldermen vote thereafter. 

Regular meetings of the council are held on the first Tuesday 
of each month at such time and place as may be fixed by ordi¬ 
nance. A called meeting may be held for the transaction of im¬ 
portant business. 

The duties of the clerk (Sec. 24) are to record the proceed¬ 
ings and all other ordinances and judgments of the mayor and 
board of aldermen; to file and preserve all records and papers ap¬ 
pertaining to the business of the municipality; to enter in the 
“Tax Record” all deeds to individuals, and the list of lands sold 
to the municipality by the tax collector showing (a) description of 
the land, (b) as whose property sold, (c) date of sale, (d) amount 
of taxes, costs, damages due and to whom the costs are owing, 
(e) when redeemed, (f) by whom redeemed (g) date of redemp¬ 
tion, and(h) amount paid therefor. 

The duties of the treasurer are (Sec. 2 7) to receive, safely 
keep, and pay out according to law, all moneys belonging to the 
municipality; to keep correct and accurate accounts of all receipts 
and disbursements; to make a report in writing to the mayor and 
board of aldermen at each regular meeting of the finances of the 
municipality; to perform all other duties prescribed by ordinance; 
to pay out money only on warrants issued by the order of the 
mayor and board of aldermen. 

The duties of the street commissioner are to have general con¬ 
trol, under the direction of the mayor and board of aldermen, of 
the streets, alleys, avenues and sidewalks; to see that they are 
always in proper repair; to have the same worked, repaired, al¬ 
tered, paved, lighted, sprinkled, and everything else done neces¬ 
sary to keep the same in good condition; to perform all other 
duties required by oidinance. 

The style of all ordinances shall be (Sec. 33) : “Be it ordained 
by the mayor and aldermen of the city, town or village (as the 
case may be) of—” 

Ordinances must be published, or posted at three or more 
places within the corporate limits three weeks and are not en¬ 
forced until one month after their passage. 

The municipal assessment of property for taxation shall be 
made by the clerk, or tax collector, by copying from the parish 
assessment rolls that portion thereof which embraces property or 
persons within the corporate limits. 

The mayor and board of aldermen may at a regular meeting 
to be held in September or October in each year, increase or di¬ 
minish the valuation of property as assessed for taxation. The 


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tax collector may receive only such commissions or compensation 
as may be allowed by ordinance. 

The mayor and board of aldermen shall publish on the first of 
October annually a statement showing the amount of taxes and 
other money collected during the preceding year, giving source of 
income, the amount of expenditure in detail, stating for what pur¬ 
pose made, also the resources and indebtedness of the municipality 
at the beginning of the fiscal year. 

Amendment to Act 136 of 1898: 

Section 29. Be it further enacted, etc., that there shall be a 
Mayor's Court for each city, town or village, with jurisdiction 
over all violations of municipal ordinances: and the Mayor shall 
have power and authority to try all breaches of said ordinances, 
and to impose the fines and imprisonment, or both, provided for 
the infraction thereof, provided, that in wards containing cities of 
more than 5,000 inhabitants, there shall be elected by the voters of 
the ward for a term of four years a City Judge, with civil jurisdic¬ 
tion as now conferred on justices of the peace and criminal juris¬ 
diction for the trial of cases not punishable by imprisonment at 
hard labor; and all violation of municipal and parochial ordinan¬ 
ces, and the holding of preliminary examinations in all cases where 
the punishment does not exceed imprisonment at hard labor for 
a term of five years. 

Municipal elections shall be held every two years on the 
Tuesday next following the third Monday in April. 

Vacancies are filled by appointment by the Governor. 

When a municipality now existing, which has not come under the 
provisions of this Act shall desire to amend its charter, the Mayor 
and board of Aldermen may prepare in writing the desired 
amendments, have the same published in a newspaper of the 
municipality for three weeks, or posted for the same length of time 
in three public places, then submit to the Governor who shall sub¬ 
mit them to the Attorney-General. If found consistent with the 
Constitution and the laws of the United States and of the state 
—including this Act—the Governor shall approve the same. If, 
after publication, one-tenth of the qualified voters shall protest 
against proposed amendment, or or any of them, the Governor 
shall not approve the ones protested against until they shall be 
ratified by a majority of the electors of the municipality. 


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AMENDMENTS 10 CHARTERS, CITIES, TOWNS AND VILLAGES 


NAME 

PARISH 

Adopting Act 
136 of 1898. 

Changing 

Classification, 

Amendments 
Under Sec. 43, 



Date 

Sec. 8, Date | 

Date 


Abbeville, Town (Amend) 

Abita Springs, Village. 

Alexandria, Town. 

Alexandria, City. 

Alden Bridge, Village. 

Amite City, Town . 

Arcadia, Town. 

Athens, Village. 

Benton, Village.. 

Bernice, Village .. 

Bonita, Village. 

Boyce, Town. 

Boyce, Town. 

Brusly Banding, Village... 

Campti, Village. 

Cheneyville, Village. 

Church Point, Village. 

Coliston, Village. 

Covington, Town. 

Crowley. Town. 

Crowley, City. 

Delhi, Village. 

Denham Springs, Village 

De Quincy, Village. 

De Ridder, Town. 

Dodson, Village. 

Donaldsonville, Town. 

Dubach, Village. 

Eunice, Town. 

Erath, Village. 

Estherwood, Village. 

Franklington, Town. 

Gueydan, Village. 

Gueydan, Town . 

Grand Cane, Village. 

Hammond, Town. 

Haynesville, Village. 

Homer, Town. 

Homer, Town..... 

Houma, Town. 

Hornbeck, Village. 

Hornbeck, Town .. 

Independence, Village. 

Iota, Village. 

Jennings, Town. 

Jonesboro, Village. 

Jonesboro, Town. 

Jonesville, Village. 

Kaplan, Village. 

Kinder, Village. 

Lafayette, Town. 

Lake Arthur, Village. 

Lake Charles, Town. 

Lake Charles, City. 

Lake Charles, City. 

Lake Charles, City. 

Lecompte, Town. 

Lecompte, Village. 

Lockport. Village. 

Many, Town..... 

Marthaville, Village. 

Mermentau, Village. 

Mer Rouge, Village. 

Minden, Town. 

Minden, Town... 

Moreauville, Village. 

Napoleonville, Town. 

Natchitoches, City. 

Newelton, Village . 

New Iberia. Town. 

Noble, Village. 

Oak Ridge, Village. 

•Oberlin, Village . 


Vermillion.. 

St. Tammany. 

Rapides . 

Rapides . 

Bossier. 

Tangipahoa. 

Bienville. 

Calcasieu. 

Bossier. 

Union . 

Morehouse. 

Rapides . 

Rapides . 

W. Baton Rouge 

Natchitoches. 

Rapides . 

Acadia. 

Morehouse. 

St. Tammany. 

Acadia. 

Acadia . 

Richland. 

Livingston . 

Calcasieu. 

Calcasieu. 

Winn . 

Ascension. 

Lincoln . 

St. Landry. 

Vermillion . 

Acadia. 

Washington . 

Vermillion . 

Vermillion . 

DeSoto . 

Tangipahoa . 

Claiborne. 

Claiborne. 

Claiborne. 

Terrebonne . 

Vernon. 

Vernon. 

Tangipahoa. 

Acadia. 

Calcasieu. 

Jackson . 

Jackson . 

Catahoula. 

Vermillion . 

Calcasieu . 

Lafayette. 

Calcasieu. 

Calcasieu. 

Calcasieu. 

Calcasieu. 

Calcasieu. 

Rapides .. 

Rapides . 

Lafourche . 

Sabine. 

Natchitoches .... 

Acadia. 

Morehouse . 

Webster. 

Webster. 

Avoyelles . 

Assumption . 

Natchitoches..... 

Tensas . 

Iberia. 

Sabine. 

Morehouse. 

Calcasieu. 


Feb. 

26.1903 

Sept. 

26. 1899 

June 

17, 1902 

h ov. 

27, 1900 

June 

18, 1902 

Aug. 

16. 1902 

Dec. 

7. 1899 

Dec. 

29, 1903 


July 22. 1904 
Oct. 1, 1901 
Nov. 10. 1902 
June 13. 1901 
June 1, 1899 
Mch. 17, 1904 


June 21, 1899 
Act 59 ,1902 
May 28, 1900 
May 8, 1903 
May 14, 1903 
Apr. 23, 1903 
Nov. 22, 1901 


June 28, 1901 
July 12, 1902 
Apr. 24. 1899 
Mch. 12 1901 

July 19, 1899 
Act 29, 1902 
June 29, 1899 
Feb. 13, 1899 
Aug. 14, 1901 


Jan. 9, 1900 
Oct. 21, 1902 
Dec. 22, 1904 
Mch. 27, 1903 
May 23. 1902 
Sept. 15, 1900 
Sept. 14, 1901 


Dec. 16, 1903 
Nov. 19, 1903 
June 1, 1903 
Oct. 26, 1903 
Jan. 5, 1904 


Sept. 12, 1900 
May 10, 1899 


Dec. 7, 1899 
Nov. 11, 1899 
Oct. 28, 1898 


Mch. 30, 1504 
June 16, 1902 


June 8, 1904 


Mch. 12, 1901 
Jan. 26, 1904 
Feb. 5, 1900 


Jan. 15, 1901 
May 14, 1903 


Dec. 16, 1903 

Act 139, 1900 

Dec. 23, 1902 


May 14, 1903 


Feb. 24, 1904 
Sept. 13, 1904 


Mch. 12, 1904 


May 26, 1900 


July 3, 1900 


Sept. 17, 1901 
Dec. 4, 1901. 


May 11, 1899 
June 15, 1900 
July 30, 1903 


Oct- 4, 1904 


July 19, 1902 
Mch. 10, 1904 

July 9, 1903 
Feb. 13, 1902 


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AMENDMENTS TO CH4RTERS, CITIES TOWNS AND VILLAGES—Continued 


NAME 

PARISH 

Adopting Act 
136 of 1898 

Changing 

Classification, 

Amendments 
Under Sec. 43, 



Date 

Sec. 8, Date 

Date 


Olla, Village . 

Opelousas. Town. 

Plaquemine, Town. 

Plaucheville, Village 

Ponchatoula, Town. 

Ponchatoula, Town. 

Providence, Town. 

Quitman, Village. 

Rayne, Town. 

Rayne, Town .. 

Rayville Village. 

Rosepine, Village . 

Ruston, Town. 

Slidell, Town... 

Springhill, Village. 

Sunset, Village. 

St. Francisville, Town 

St. Joseph, Village. 

St. Joseph, Town. 

St. Martinville, Town 

Tallulah, Village. 

Thibodaux, Town.. 

Tioga, Village .. 

Vidalia, Town. 

Vivian, Village. 

Washington, Town. 

Welsh, Town . 

Welsh, Town . 

Welsh, Town . 

West Monroe, Town... 
West Monroe, Town.... 

Wilson, Town .. 

Winnfield, Village.. 

Winnfield, Town. 

Winnsboro, Village. 

Zwolle, Town. 


Catahoula. 

St. Landry. 

Iberville. 

Avoyelles. 

Tangipahoa. 

Tangipahoa . 

East Carroll. 

Jackson . 

Acadia. 

Acadia. 

Richland. 

Vernon . 

Lincoln.. 

St. Tammany. 

Webster. . 

St. Landry. 

West Feliciana .. 

Tensas .... 

Tensas . 

St. Martin. 

Madison. 

Lafourche . 

Rapides . 

Concordia. 

Caddo . 

St. Landry. 

Calcasieu. 

Calcasieu. 

Calcasieu. 

Ouachita . 

Ouachita .. 

P'ast Feliciana... 

Winn. 

Winn. 

Franklin . 

Sabine. 


Aug. 1, 1899 
Dec. 24, 1898 
Aug. 9, 1899 
Aug. 31, 1903 
Jan. 22, 1900 


Apr. 21, 1904 
May 16, 1903 


July 6, 1903 
Jan. 9, 1901 
Dec. 24, 1902 
July 19, 1901 
Jan. 22, 1903 
Feb. 3, 1902 
Nov. 4, 1904 
Feb. 21, 1899 
Feb. 26, 1901 


Oct. 26, 1903 
Dec. 23, 1902 
Mch. 12, 1901 
May 27, 1902 
May 6. 1901 
Sept. 3. 1901 
Apr. 21, 1904 


Mch. 13. 1901 
June 21, 1899 
June 8, 1900 


Mch. 18, 1902 
June 25, 1899 


Dec. 15, 1903 


Mch. 3, 1903 


Aug. 1, 1904 


Mch. 29, 1902' 


Mch. 28, 1900 
Aug. 2, 1900 
Mch. 30, 1901 
May 13, 1899 






























































































PARISH GOVERNMENT. 

PARISHES. 

The State of Louisiana is divided into fifty-nine divisions 

called Parishes. These parishes are corporate bodies created by 
acts of the Legislature. The parishes are divided into wards. 

POLICE JURY. 

Number —One member from each ward, elected by the qualified 
voters of the ward. Term of office 4 years. 

Qualifications—Members of police jury must be twenty-one 
years of age; they must have been citizens of the state two years, 
actual residents of the parish one year and of the voting precinct 
six months preceeding their election and have paid their poll tax. 
In addition, they must be able to read and write, and must possess 
in their own right, or through their wives, property worth $250,00. 

Duties —To fix the dates of their regular meetings; to elect a 
president from their number, who shall preside at all regular meet¬ 
ings and call meetings when necessary; to appoint a treasurer and 
other officers necessary to carry into execution parish regulations; 
to levy such taxes as they deem necessary for the expenses of the 
parish; to construct and repair roads, bridges and levees; to estab¬ 
lish ferries and toll-bridges; to fix the rates of ferriage and toll; to 
adopt regulations to prevent and punish trespassing; to enact 
ordinances and regulations—not inconsistent with the laws and 
constitution of the United States nor the State—; to protect the 
parish against the introduction of all and every kind of contagious 
or epidemical diseases; to appoint overseers of roads and levees; 
to pass and enact laws and ordinances regulating and defining 
hawking and peddling on foot, or otherwise; to provide for the 
support of parish paupers; to determine the amount of parish 
licenses; to see that all parish buildings, such as courthouse, jail, 
etc., are in good repair; to pass such ordinances as they deem 
necessary to protect the sheep industry and for the preservation of 
game; to sell and grant franchises on the public roads and high¬ 
ways for the construction of railways etc.; to divide the parish 
into drainage districts and appoint commissioners for each district; 
to appoint a parish printer; to publish a budget of the parish 
expenditures thirty days before the meeting at which they fix the 
amount of taxes to be assessed; to send every year to the State 
Auditor a complete statement of the financial condition of the 
parish; to have the proceedings of each meeting published in a 
newspaper, 


9 


Powers —Police Jury may fix salaries of justices of the peace 
and constables in criminal matters; may hire out or work convicts 
on any public works or farms within the parish; may appoint tem¬ 
porary cadets to the State University and beneficiaries to the State 
Normal and State Industrial Institutes. 

^Salary —Fixed by the police jury—a certain amount per day 

usually $3.00, and mileage. 

* 

PARISH TREASURER. 

Elected by the police jury. Term of office 2 years. 

Duties —To keep the money of the parish; to pay out same 
when ordered by proper authority; to keep account of all receipts 
and expenditures; to hold the parish school funds and pay out 
same on proper authority; to report the condition of the parish 
funds at every regular term of the police jury. 

Salary —A commission on school funds handled; salary of 
$400.00. voted by police jury. 

PARISH CLERK. 

Elected by voters of the parish. Term of office 4 years. 

Ex-officio recorder of conveyances, mortgages and other acts; 
clerk of court of appeals and notary public. 

Duties —To record all deeds, mortgages and bonds of tutors 
and administrators; to issue marriage licenses; to issue naturaliza¬ 
tion papers; to take depositions of witnesses to be read in court; 
to certify to the correctness of money due jurors and witnesses; to 
keep all evidences of witnesses during trials; to keep records of 
the court; to “swear” jurors and witnesses; to keep account of 
cases and the order in which to be tried; to prepare lists of jurors. 

Salary —Fees as clerk of district court, as clerk of court of 
appeals; fees for recording deeds, etc., for marriage licenses. No 
compensation from state or parish for his services in “criminal 
matters ’fit 

PARISH ASSESSOR. 

Appointed by the Governor!. Term of office 4 years. Ex- 
officio, register of voters, 

Duties —To send to each tax payer a list of the various kinds 
of property taxable by law; to take every year an inventory of all 
real estate and movable property in the parish; to make rolls con - 
taining a discription and valuation of all the taxable property in 
the parish;§ to give notice on or before the first day of June or as 
soon thereafter as possible in some newspaper or by posting on the 
courthouse door that the listing of property has been completed in 
accordance with the law and that said list shall be exposed for 
inspection and correction for twenty days. 

* President of Police Jury voted a salary by Police Jury ($200 in addition to per diem 
and mileage in Parish of Natchitoches,) 

flndictments—All matters of record in criminal matters. 

| It has become the custom for the primary to choose a candidate for appointment. 

§ The police jury of each parish is a board of reviewers on the valuation of property. 
The District Court is a court of appeal in case of non-concurrence- 


10 



Salary —A percentage on the amount of the taxes levied, 
excluding special taxes. 

SHERIFF. 

Elected by voters of the parish. Teim of office four years.* 

Ex-officio collector of state and parish taxes. 

Duties To arrest criminals; to convey convicts to the peni¬ 
tentiary and the insane to state asylum; to execute the writs, sum- 
mones and decrees of all the courts except those of the justice of 
the peace; to appoint such deputies as are needed; to command 
the service of any able bodied man in ihe parish in the preservation 
of the peace; to have charge of court house and jail; to offer lor 
sale and sell property, as ordered by the courts; to collect all parish 
taxes; to seize property in payment of taxes, and to sell the same 
when necessary; to attend sittings of Courts of Appeal atd District 
Courts; to keep a list of persons who have paid poll tax; to send a 
monthly statement to the Auditor of the collections of the preced¬ 
ing month together with check for the net amount of such col¬ 
lections. 

Salary —$500. for each Representative the Parish has in the 
General Assembly; $5,00 a day for each day of actual attendance 
at sittings of Courts of Appeal, or Districts Courts; five per cent 
on all taxes collected and paid over; fees fixed by law for writs, 
seizures, sub poenas, etc., mileage; fixed amount for feeding 
prisoners. 

CORONER. 

Elected by voters of parish. Term of office 4 years. Ex- 
officio parish physician. 

Duties —To act as sheriff, but not as tax collector, in case of 
vacancy, or whenever the sheriff shall be a party interested; to in¬ 
quire into any violent death, the cause of which is not known, to 
make proper inquiry and if there was something unlawful to 
summon five residents of the parish who shall see the body, hear 
the evidence, and give the coroner their opinion as to the cause of 
death. 

Salary —As parish physician $100.00 For inquest, $5.00; for 
summoning witnesses, etc, $5.00. 

PARISH SUPERINTENDENT OF SCHOOLS. 

Elected, or appointed, by Park h School Board. Term of office 
4 years. 

Duties —To perform the duties of secretary for the Parish 
Board; to visit each school in the parish at least once a year; with 
the assistance of two ccmpetent persons appointed by the Board, 
to examine all persons seeking positions as teacher in the parish 
and to issue certificates to successful applicants (graduates of the 
Normal School are not required to stand examinations) ; to hold 
Institutes according to law; to send each year a report to the 
State Superintendent of Education^ to sign warranf st on the Parish 

* In case of vacancy special election is held to fill the office. 
tPresident of School Board also signs warrants. 


11 






Treasurer for teachers’ salaries and other expenses. 

Salary —Not less than $600.00. 

PARISH BOARD OF DIRECTORS. 

Appointed by the State Board. Term of office 4 years. 

Duties —To elect a President from their number who shall 
preside at meetings; to appoint or elect a person of high moral 
character and a practical educator Parish Superintendent of schools; 
to appoint visiting trustees in each district, who shall make 
quarterly reports to the Board of the condition and needs of their 
schools; to visit the schools of the parish; to determine the num¬ 
ber and location of the schools of the parish, the number of 
teachers employed and their salaries. They shall see that all school 
funds are secured; shall contract for the building of all school 
houses, buy all furniture and apparatus They shall hold regular 
meetings on the first Saturday in January, April, July and October.* 

Salary —Not more than $3.00 per day while the Board is in 
session; mileage. 

PARISH BOARD OF HEALTH. 

Elected by the Police Jury. 

Number —Three, at least one of whom must be a practicing 
physician. 

Duties —To pass ordinances of a local character for sanitation 
and Health of the parish, provided these ordinances do not violate 
any of the regulations of the State Board. 

Salary —Police Jury fixes salary of the President of Board. 

JUSTICE OF THE PEACE. 

There must be one for each ward, elected by the qualified 
voters of the ward. Term of office 4 years. 

Powers —Exclusive original jurisdiction in all civil matters 
when the amount shall not exceed $50.00; concurrent jurisdiction 
with District Court when the amount shall not exceed $100.00.t 

Justice of Peace nas power to examine cases of misdemean¬ 
ors not punishable at hard labor; in felonies, power of arrest and 
commitment. To examine criminal cases where the offense is 
not punishable by death or imprisonment in the state peniten¬ 
tiary. 

Salary— A certain sum fixed by law for each writ, bond, etc. 
No lees in criminal matters except such salary as may be fixed by 
Police Jury. 

CONSTABLES. 

There must be at least one for each ward, elected by voters of 
the ward. Term of office 4 years. 

Duties —To serve writs, seize property, serve subpoenas, 
make arrests. Fees fixed by law. 

* Parish Board of Directors is a corporate body. 

f The General Assembly may invest Justices of the Peace with criminal jurisdiction 
over misdemeanors to be tried by a jury of not more than five or less than three. 


12 



STATE 


GOVERNMENT. 


Three Departments—Legislative, Executive, Judicial. 


LEGISLATIVE. 

GENERAL, ASSEMBLY. 

The legislative power of the State is vested in a General As¬ 
sembly made up of a Senate and House of Representatives. 

The General Assembly meets biennially in Baton Rouge the 
second Monday in May of the even numbered years. The session 
is limited to sixty days. The Governor may call a special session 
limited to thirty days. 

The State is divided into Senatorial and State Representative 
Districts. According to the divisions and apportionment fixed by 
the Constitution of 1898, the total number of senators cannot ex¬ 
ceed 41; the total number of representatives 116. 

APPORTIONMENT. 

Art. 18. Representation in the House of Representatives shall 
be equal and uniform and shall be based upon population. Each 
parish and each ward of the city of New Orleans shall have at 
least one representative. At its first regular session after the United 
States census of 1900, and after each census thereafter, the General 
Assembly shall, and it is hereby directed to apportion the repre¬ 
sentation among the several parishes and representative districts 
on the basis of the total population shown by such census. A 
representative number shall be fixed, and each parish and represen¬ 
tative district shall have as many Representatives as such repre¬ 
sentative number is contained in the total number of the inhabi¬ 
tants of such parish or representative district and one additional 
Representative for every fraction exceeding one-half the represen¬ 
tative number. The number of Representatives shall not be more 
than one hundred and sixteen nor less than ninety-eight. 

Art. 19. The General Assembly, in every year in which it 
shall apportion representation in the House of Representatives, 
shall divide the State into Senatorial Districts. No parish shall be 


13 




divided in the formation of a Senatorial District, the Parish of 
Orleans excepted. Whenever a new parish is created, it shali be 
attached to the Senatorial District from which most of its territory 
is taken, or to another contiguous district, at the discretion of the 
General Assembly, but shall not be attached to more than one dis¬ 
trict. The number of Senators shall not be more than forty-one 
nor less than thirty-six, and they shall be apportioned among the 
senatorial districts according to the total population contained in 
the several districts. 


MEMBERS. 

Members of the Senate and House of Representatives are 
elected for four years. Every Senator must be twenty-five years 
of age and every Representative twenty-one. Both must have been 
citizens of the State for five years and actual residents of their dis¬ 
tricts for two years preceding their election. 

The members of the General Assembly shall in all cases ex¬ 
cept treason, felony, or breach of the peace, be privileged from 
arrest during their attendance at the sessions of their respective 
Houses and in going and returning from the same; and for any 
speech or debate in either House they shall not be questioned in 
any other place. 

Salary. —Members of the General Assembly receive a com¬ 
pensation of five dollars a day during their attendance and five 
cents a mile going to and returning from the seat of government. 

POWERS. 

Each house shall be a judge of the qualifications, election and 
returns of its own members; shall choose its own officers, except 
President of the Senate;* shall keep a journal of its acts and 
publish the same; shall transact no business in the absence of a 
quorum!; shall make rules for its own government, punish its 
members for disorderly conduct and by a vote of two-thirds of 
its members elected it may expel one of its number. 

The Senate has the power of confirming the appointments of 
the Governor. 

The House of Representatives has the power of originating 
all bills for raising revenue or appropriating money, but the Senate 
may propose or concur in amendments, as in other bills. 

Art. 39. Every bill shall be read on three different days in 
each house, aud no bill shall be considered for final passage unless 
it has been read once in full, and the same has been reported on 
by a committee, nor shall any bill become a law unless, on its final 
passage, the vote be taken by yeas and nays, the names of the 
members voting for or against the same be entered on the journal, 

* The Lieutenant Governor is ex-officio president of the Senate and has a casting vote 
in case of a tie, but the Senate also elects one of its members temporary president to serve 
in the absence of the Lieutenant Governor. 

t A quorum consists of not less than a majority of each house, but a smaller number 
may adjourn from day to day and compel attendance of absent members. 


14 



and a majority of the members elected to each house be recorded 
thereon as voting in its favor; provided, that bills revising the 
statutes or codes of this State, or adopting a criminal code as a 
whole, shall be read in such manner as may be prescribed by the 
General Assembly. 

Art. 41. Whenever a bill that has been passed by both houses 
has been enrolled and placed in possession of the house in which 
it originated, the title shall be read, and, at the request of any five 
members, the bill shall be read in full, when the Speaker of the 
House of Representatives or the President of the Senate, as the 
case may be, shall at once sign it in open house, and the fact of 
signing shall be noted on the journal; thereupon the clerk or sec¬ 
retary shall immediately convey the bill to the other house, whose 
presiding officer shall cause a suspension of all other business to 
read and sign the bill in open session and without delay. As soon 
as bills are signed by the Speaker of the House and President of 
the Senate, they shall be taken at once, and on the same day, to 
the Governor by the Clerk of the House of Representatives or 
Secretary of the Senate. 

Art. 42. No law passed by the General Assembly, except the 
general appropriation act, or act appropriating money for the ex¬ 
penses of the General Assembly, shall take effect until promul¬ 
gated. Raws shall be considered promulgated at the place where 
the State Journal is published, the day after the publication of 
such law in the State Journal, and in all other parts of the State 
twenty days after such publication. The State Journal shall be 
published at the capital. 

LIMITATIONS. 

Two of the most important restrictions laid on the General 
Assembly are: 

1. No money may be appropriated except for a particular or 
specific purpose nor may an appropriation be made for a longer 
period than two years. 

2. The General Assembly may not contract or authorize the 
contraction of any debt on behalf of the State, or issue bonds ex¬ 
cept to repel invasion or to suppress insurrection. 

The General Assembly is forbidden to pass any local or 
special law on a number of subjects. 

The principal are: (l) the conducting of elections; (2) the 
granting of divorces; (3) the regulation of labor trade, manufac¬ 
turing or agriculture; (4) the creation of corporations or the 
amending of their charters, (this does not apply to municipal cor¬ 
porations having a population of twenty-five hundred, or to the 
organization of levee districts and parishes) ; (5) the exemption of 
property from taxation: (6) the fixing the rate of interest; (7) 
the management of public schools, or the building of school houses 
or the raising of money for such purposes. 

No money may be appropriated to any church, sect or denom¬ 
ination of religion, or to any charitable institutions, except to cer- 


15 - 


tain chaiitable institutions of the State. The General Assembly 
may not pass any law by which the State shall subscribe to or pur¬ 
chase the stock or capital'of any corporation. 

EXECUTIVE DEPARTMENT. 

OFFICERS. 

The Executive Department of the State of Louisiana consists 
of the Governor, the Lieutenant Governor, the Auditor, the 
Treasurer, and the Secretary of State. These officers are elected 
by the qualified voters of the State for a term of four years. They 
enter on the discharge cf their duties the first Monday next en¬ 
suing the announcement by the General Assembly of the result of 
the election. 

The returns for these officers must be sealed up separately by 
the proper officers of each parish, and sent to the Secretary of 
State who delivers the sealed returns to the General Assembly in 
joint session. The votes are then counted in the presence of both 
houses and the person receiving the greatest number of votes for 
Governor is declared elected; in case if a tie vote, one is immediate¬ 
ly chosen Governor by a joint vote of the members. The Lieu¬ 
tenant Governor is chosen in the same way. 

Qualifications —Candidates for Governor and Lieutenant 
Governor must be thirty years of age, must have been citizens of 
the United States ten years and residents of the State for the same 
length of time, and must not have held any office under the United 
States government within six months of their election. 

GOVERNOR. 

Ddtifs —To command the State militia, to nominate and by 
and with the consent of the Senate, appoint all State Boards and all 
other officers whose offices are established by the constitution and 
whose appointments or elections are not otherwise provided 
for; * to sign all commissions of State, parish, ward, or municipal 
officers; to fill vacancies in cases not otherwise provided for; to 
sign death warrants for the execution of criminals; to give the 
General Assembly information, from time to time, respecting con¬ 
dition of the State, and to recommend such measures as he may 
deem expedient; to take care that the laws be faithfully executed. 

Powers —To grant reprieves for all offenses against the State 
and, except in cases of impeachment, upon the recommendation of 
the Pardoning Board, at his discretion, grant pardons, commute 
sentences, and remit fines and forfeitures after conviction. 

Art. 76. Every bill which shall have passed both houses 
shall be presented to the Governor. If he approves it, he shall 
sign it; if not, he shall return it, with his objections in writing, to 
the house in which it originated, which house shall enter the 
objections at large upon the journal and proceed to reconsider the 
bill. If. after such reconsideration, two-thirds of all the members 
elected to that house shall agree to pass the bill, it shall be sent, 
with the injections, to the other house, by which likewise it shall 

* In the Constitution. 


16 



be reconsidered; and, if passed by two-thirds of the members 
elected to that house, it shall be a law, but in such cases the votes 
of both houses shall be taken by yeas and nays, and the names of 
the members voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be return¬ 
ed by the Governor within five day after it shall have been pre¬ 
sented to him, it shall be a law in like manner as if he signed it, 
unless the General Assembly, by adjournment, shall prevent its 
return, in which case it shall not be a law. 

Art. 77. The Governor shall have power to disapprove of 
any item or items of any bill making appropriations o f money, 
embracing distinct items, and the part or parts of the bill approved 
shall be law, and the item or items of appropriation disapproved 
shall be void, unless repassed according to the rules and limita¬ 
tions prescribed for the passage of other bills over the executive 
veto. The Governor is not eligible as his own immediate suc¬ 
cessor. 

Salary —$5000 a year. 

LIEUTENANT-GOVERNOR. 

The Lieutenant-Governor is ex-officio president of the Senate, 
but he has only a casting vote therein. In case of disability of 
the Govenor his place is filled till the end of the term by the 
Lieutenant - Governor. 

Salary —$1,500 a year. 

Art. 65. In case of the impeachment of the Governor, his 
removal from office, death, refusal or inability to qualify, disability, 
resignation, or absence from the State, the powers and duties of 
the office shall devolve upon the Lieutenant-Govenor for the 
residue of the term, or until the Governor, absent or impeached, 
shall return or be acquitted or the disability removed. In the event 
of the removal, impeachment, death, resignation, disability or 
refusal to quality of both the Governor and Lieutenant-Governor, 
the President pro tempore of the Senate shall act as Governor un¬ 
til the disability be removed, or for the residue of the term. If 
there should be no President pro temt>ore of the Senate when any 
of the above mentioned contingencies arise for him to act as 
Governor, or in the event of the removal, death resignation, per¬ 
manent disability or refusal to qualify of the President pro tempore , 
the Secretary of State shall act as Governor until a President pro 
tempore be elected, either in regular session or in specially called 
session, should the vacancy have occurred during recess; and, in 
the event of the impeachment or temporary disability of the Presi¬ 
dent pro tempore , acting Governor, the Secretary of State shall 
likewise act as Governor until the disability be removed or the 
impeachment proceeding be terminated in acquittal, or until another 
President Pro tembore of the Senate be chosen. 

TREASURER. 

Duties —To have the care of all moneys of the State; to pay out 
this money on warrants drawn on him and to keep a correct account 


17 


ol the same; to render his account quaiterly, or oftener if desired* 
to the auditor; to give receipts for all moneys received. 

This officer is not eligible as his own immediate successor. 

Salary —$2,000 a year. 

SECRETARY OF STATE. 

Duties —To issue all commissions and keep the seal of the 
State; to affix this seal to all commissions and state papers; to 
promulgate through the state journal, all acts passed by the Gen¬ 
eral Assembly; to be the custodian of the public archives; to 
furnish official ballots and receive the returns of all elections; to 
compile the reports of the various departments of state and to 
publish the same; to superintend together with the treasurer all 
incorporated banks. The secretary has authority to appoint an 
assistant who is known as Assistant Secretary of State. 

Salary—$1,800. Fees provided by law for copies and certi¬ 
ficates furnished private individuals. 

AUDITOR OF PUBLIC ACCOUNTS. 

Duties —To be the bookkeeper of the State; to settle all 
accounts against the State; to make all settlements with the Sheriffs 
of the Parishes for taxes collected and give receipts for same; to 
make a report, at each regular session of the General Assembly, of 
the public debt; to turn over all moneys to the State Treasurer; to 
draw on Treasurer all warrants for money, except a few specified 
by law; to furnish the Assessor and State Collector of taxes in each 
parish, annually, a descriptive list of all taxable lands in such 
parish; to compute rate of taxation from assessment rolls and to 
notify Sheriffs of the same, to invest funds donated to schools; to 
have sole superintendence and direction, under the authority of the 
United States, of the school lands. 

Salary— $2,500.. 

ATTORNEY GENERAL. 

Elected by the qualified voters of the State at large. 

Term of office four years. 

Qualifications —He must have resided in the State for five 
years and have practiced law, as a licensed attorney, for the five 
years preceding his election. 

Duties —To conduct all suits or legal business in which the 
State is interested; to keep his office in the City of New Orleans; 
to attend the meetings of the General Assembly and give his advice 
when requested by the members; to give his written opinion on all 
questions of law when called on by the Governor. 

Salary —$3,000. 

SUPERINTENDENT OF PUBLIC EDUCATION. 

Elected by the qualified voters of the State. 

Term of office four years. 

Ex-officio member of boards of all State Institutions, also 
Board of Control of State Biological Station, and Tulane Board of 
Administrators. 


18 


Duties —To keep on file all papers and documents transmitted 
to him by Officers and School Boards; to have general supervision 
of all Parish Boards of Education, and schools of the State; to 
visit the parishes giving due notice to the Parish Superintendent, 
who shall confer with the State Superintendent in all matters 
of interest connected with the common schools of the parish; 
to keep an account of all orders on the Auditor drawn and 
countersigned by him; to report biennially to the General Assembly 
the condition of the common schools, the amount of the school 
funds and how the funds have been distributed, the amount col¬ 
lected and spent for the common schools from local taxation; to 
report to the State Board of Education any neglect of duty or 
improper use of school funds; to decide all controversies among the 
directors or between Parish Superintendent and Directors or 
between the Superintendent and teachers concerning their respec¬ 
tive duties. 

Salary —$2,000 a year. Specified amount appropriated for 
expenses of office and travelling expenses. 

STATE BOARD OF EDUCATION. 

Consist of the Governor, who is ex-officio President, the State 
Superintendent, the Attorney General, and seven citizens, appointed 
by the Governor, one from each congressional district. This board 
is a corporate body with authority to sue and defend suits in all 
matters relating to the public schools. 

Duties —To provide by-laws and regulations for all the public 
schools of the State; to appoint for each parish of the State, except 
the parish of Orleans, a board of school directors, citizens of the 
parish, not less than five; to give directions as to the branches of 
study which shall be taught; to adopt a list of text-books which 
shall remain unchanged four years; to act as a final court to settle 
disputes that may arise in the school affairs of the parishes. 

Salary —Five dollars a day while the board is in session and 
travelling expenses. 

LOUISIANA STATE BOARD OF AGRICULTURE AND 

IMMIGRATION. 

Consists of seven members, one from each congressional dis¬ 
trict, appointed by the Governor, (at the general State election of 
1908 and at each general State election thereafter, the Commis¬ 
sioner of Agriculture and Immigration will be elected by the 
qualified voters of the State), with the consent of the Senate, for 
six years. The Governor, the president of the Louisiana State 
University and Agricultural and Mechanical College, the vice- 
president of the same institution, and the director of the State Ex¬ 
perimental Stations are ex-officio members. 

Duties —To distribute seeds that the government of the United 
States may desire to introduce; to make special study of insects 
injurious to crops, fruits and plants of the State; to study the dis- 


19 


eases of grains, fruits, and other crops of the State; to inspect and 
regulate sale of commercial fertilizers; to investigate the subject of 
irrigation; to give attention to fencing and hedging and to the 
forests of the State; to report any improvements in the staple and 
culture of cotton, and the manufacture of cotton; to encourage, 
advance, and protect the agricultural interests of the State and to 
foster immigration 

Salary — Commissioner of Agriculture and Immigration, 

$2,500. 

RAILROAD COMMISSION OF LOUISIANA. 

Composed of three members elected from the railroad districts 
of the State for a term of six years. 

Duties —To adopt just rates, charges, and regulations to govern 
all railroads, steamboats, sleeping car, telegraph, telephone and 
express companies within the State; to prevent unjust discrimina¬ 
tion; to require all railroads to build and maintain suitable depots, 
switches and appurtenances, wherever the same are reasonably 
necessary; to inspect railroads and require that tracks and bridges 
be kept in safe condition; to fix and adjust rates between branch 
or short lines and the great trunk lines with which they connect, 
and to enforce the same by having the penalties inflicted through 
the proper courts. 

Salary —Each member, $3,000 a year and traveling expenses. 

BOARD OF APPRAISERS. 

Composed of the State Auditor (Auditor ex-officio president of 
Board) and one member, each, from the congressional districts, 
elected by the Governor, Lieutenant Governor, Treasurer, Attor¬ 
ney General and Secretary of State. 

Term of office—Four years. 

Duties —To assess the property belonging to corporations, 
associations, and individuals employed in railway, telephone, tel¬ 
egraph, sleeping car and express service in the State and to make 
due returns to the different parochial and municipal authorities of 
the property assessed and its valuation. The assessments made by 
this board are final unless the parties interested bring suit and have 
the assessment changed by the court. 

Salary —Each member, including Auditor, $500 a year; Sec¬ 
retary $250 a year. 

STATE BOARD OF HEALTH. 

Consists of seven physicians from various sections of the 
State, all of whom are appointed by the Governor with the consent 
of the Senate. 

Term of office—Seven years. 

Duties —To exercise control over all maratime quarantine in 
the State and supervisory authority over land quarantine, and over 
all infectious and contagious diseases, to suppress and prevent the 


20 


spread of same; to provide for the inspection' of meat, milk, coal 
oil and other articles; to publish regulations for the prevention of 
the adulteration of all articles intended for human food and con* 
sumption. 

Salary —One member is appointed president of the board by 
the Governor at a salary of $5,000 a year; secretary and treasurer 
$2,500 a year; other members $10.00 a day and mileage. 

OTHER STATE BOARDS AND COMMISSIONS. 

Board of Liquidation of the State Debt. 

Board of Audit and Exchange. 

Board of Charities and Corrections. 

Board of Pension Commissioners. 

Board of Arbitration. 

State Board of Engineers. 

Board of Control of the State Penitentiary. 

State Board of Medical Examiners. (Allopathic.) 

State Board of Medical Examiners. (Homeopathic.) 

State Board of Pharmacy. 

State Board of Dental Examiners. 

Board of Commissioners for the Port of New Orleans. 

Curators, State Museum. 

State Board, Contest of Election. 

Oyster Commission of Louisiana. 

Levee Boards. (Fourteen in all.) 

STATE INSTITUTIONS. 

(Governed by the Boards of Supervisors, Trustees or Admin¬ 
istrators. ) 

Tulane University. * New Orleans, La. 

Louisiana State University and Agricultural and Mechanical 

College. (Baton Rouge, La.) 

State Normal School. (Natchitoches, La.) 

Louisiana Industrial Institute. (Ruston, La.) 
Southwestern Industrial Institute. (Lafayette, La.) 

Southern University and Agricultural and Mech. College. (Col.) 

(New Orleans, La.) 

Louisiana Institute for the Blind. (Baton Rouge, La.) 

Deaf and Dumb Institute. (Baton Rouge, La.) 

Charity Hospital. (New Orleans, La.) 

Charity Hospital. (Shreveport, La.) 

Soldiers Home. (New Orleans, La.) 

Insane Asylum. (Jackson, La.) 

Louisiana Hospital for the Insane. (Pineville, La.) 

State Museum. (New Orleans, La.) 

Property to a certain amount exempt from taxation. 


21 



STATE PENITENTIARY. 

(Baton Rouge, La.) 

(Convict Farms, Angola and Hope.) 

BIOEOGICAE STATION. 

(On the Gulf, Cameron Parish.) 

EXPERIMENT STATIONS. 

(New Orleans, Baton Rouge and Calhoun ) 

JUDICIARY DEPARTMENT. 

The System of Courts. 

Supreme Courts. 

Courts of Appeal. 

District Courts. 

Courts of Justice of the Peace. 

The Supreme Court consists of one Chief Justice and four 
Associate Justice, (a majority of whom constitute a quorum), 
elected by the qualified voters of the State.* 

Term of office twelve years. 

The Court holds its session in New Orleans from the first 
Monday in November until the 30th of June. 

Quaeifications —The Judges must be citizens of the United 
States and of this State, over thirty-five years of age, learned in 
the law and have practiced law in the State for ten years preceding 
their election. 

Salary —$5,000 a year. 

Art. 85. The Supreme Court, except as hereinafter pro¬ 
vided, shall have appellate jurisdiction only, which jurisdic¬ 
tion shall extend to all cases where the matter in dispute, or the 
fund to be distributed, whatever may be the amount therein 
claimed, shall exceed two thousand dollars , exclusive of interest; 
to suits for divorce and separation from bed and board, and to all 
matters arising therein; to suits involving alimony, for the nullity 
of marriage, or for interdiction; to all matters of adoption, emanci¬ 
pation, legitimacy, and custody of children; to suits involving 
homestead exemptions, and to all cases in which the constitu¬ 
tionality or legality of any tax, toll or impost whatever, or of any 
fine, forfeiture, or penalty imposed by a municipal corporation, 
shall be in contestation, whatever may be the amount thereof, and 
to all cases wherein an ordinance of a municipal corporation or a 
law of this State has been declared unconstitutional, and in such 
cases the appeal on the law and the facts shall be directly from the 
court in which the case originated to the Supreme Court; and to 
criviinal cases on questio?is of law alone whenever the punish¬ 
ment of death or imprisonment at hard labor may be inflicted, or a 
fine exceeding three hundred, or imprisonment exceeding six 

^Amendment to Constitution 1904. 


22 



months, is actually imposed. Said court shall have such original 
jurisdiction as may be necessary to enable it to determine questions 
of fact affecting its own jurisdiction in any case pending before it, 
or it may remand the case; and shall have exclusive original juris¬ 
diction in all matters touching professional misconduct of members 
of the bar, with power to disbar under such rules as may be 
adapted by the court. 

Art. 93. The Supreme Court, and the justices thereof, shall 
have power to issue the writ of habeas corpus, at the instance of 
any person in actual custody, in any case where it may have 
appellate jurisdiction. 

Art. The Supreme Court shall have control and general 
supervision over all inferior courts. The court, or any justice 
thereof, shall have power to issue writs of certiorari, prohibition, 
mandamus, quo warranto and other remedial writs. 

COURTS OF APPEAL. 

The Courts of Appeal are composed of two District Judges 
designated by the Supreme Court, and assigned to the performance 
of the duties of judges of said Courts of Appeal. 

No District Judges can serve as a member of the Court of Appeal 
for any parish in his own district. These judges are paid their 
expenses when serving as Judges of the Courts of Appeal in the 
manner provided by law. 

Two terms of the Courts of Appeal are held annually in each 
parish, the date being fixed by law. 

Art. 98. The Courts of Appeal, except as otherwise pro¬ 
vided in this Constitution, shall have appellate jurisdiction only, 
which jurisdiction shall extend to all cases, civil or probate, when 
the matter in dispute or the funds to be distributed shall exceed 
one hundred dollars, exclusive of interest, and shall not exceed 
two thousand dollars, exclusive of interest. 

Art. 102. No judgment shall be rendered by the Courts of 
Appeal without the concurrence of two judges. Whenever there 
shall be a disagreement in the Courts of Appeal above pro* 
vided, th<^ court shall appoint a district judge or a lawyer having 
the qualifications of a judge of the court to sit in the case, and in 
case of the the recusation, absence, or disability, of one of the 
judges, the other judge shall select a judge or lawyer, as aforesaid, 
to sit in the case. .In the Court of Appeal for the Parish of 
Orleans, when two judges cannot concur for any reason, the court 
shall select a district judge, or judges, to sit in the case. 

Art. 103. All cases on appeal to the Courts of Appeal shall 
be tried on the original record, pleadings, and evidence. 

Art. 106. The sheriff of the parish in which the sessions of 
the court are held shall attend in person, or by deputy, to execute 
the orders of the court. 

DISTRICT COURTS. 

The constitution provides that there may be in the State not 
less than twenty nor more than twenty-nine judicial districts, the 


23 


parish of Orleans excepted, and it divides the parishes into groups 
making in all twenty-nine districts. 

The judges are elected by the voters of their respective dis¬ 
tricts. 

Term of office, four years. 

Vacancies are filled bv special election.* 

Salary —$2000 to $3000. 

The jurisdiction of these courts is both civil and criminal. 
They have unlimited and exclusive original jurisdiction in all 
criminal cases, except such as has been vested in the other courts 
described; in all probate and succession matters, and in all cases 
where any political corporation is a party defendant. These courts 
have jurisdiction of appeals from Justices;of the peace in all civil 
matters and from orders requiring a peace bond. 

Art. 109. The District Courts, except in the Parish of 
Orleans, shall have original jurisdiction in all civil matters where 
the amount in dispute shall exceed fifty dollars, exclusive of inter¬ 
est, and in all cases where title to real estate is involved, or to 
office, or other public position, or political rights, and all other 
cases where no specific amount is in contest, except as otherwise 
provided in this Constitution. They shall have unlimited and 
exclusive original jurisdiction in all criminal cases, except such as 
may be vested in other courts authorized by this Constitution; and 
in all probate and succession matters, and where a succession is a 
party defendant; and in all cases where the State, parish, any 
municipality or other political corporation, is a party defendant, 
regardless of the amount in dispute; and of all proceedings for the 
appointment of receivers or liquidators to corporations or partner¬ 
ships; and said courts shall have authority to issue all such writs, 
process and orders as may be necessary or proper for the purposes 
of the jurisdiction herein conferred upon them. 

All cases in which the punishment may not be at hard labor 
shall, until otherwise provided by law, which shall not be prior to 
1904, be tried by the judge without a jury. Cases in which the pun¬ 
ishment may be at hard labor shall be tried by a jury of five, all of 
whom must concur to render a verdict; cases in which the punishment 
is necessarily at hard labor, by a jury of twelve, nine of whom con¬ 
curring may render a verdict; cases in which the punishment may 
be capital, by a jury of twelve, all of whom must concur to render 
a verdict. 

Art 117. District Courts shall hold continuous sessions dur¬ 
ing ten months of the year. In districts composed of more than 
one parish, the judge shall sit alternately in each parish, as the 
public business may require. Until otherwise provided by law, 
judgments shall be signed after three days from the rendition there¬ 
of, and become executory ten days from such signing. 

The General Assembly shall provide for the drawing of juries 
for the trial of civil and criminal cases. A grand jury of twelve, 

* Amendment voted 1904. 


24 



nine of whom must concur to find an indictment, shall be em¬ 
panelled in each parish twice in each year, and shall remain in 
office until a succeeding grand jury is empanelled; except in the 
Parish of Cameron, in which at least one grand jury shall be 
empanelled each year. The district judges shall have authority to 
try at any time all misdemeanors and when the jury is waived all 
cases not necessarily punishable at hard labor, and to receive pleas 
of guilty in cases less than capital. 

The provisions of this article go into effect upon the adoption 
of this Constitution. 

Art. 115. The district judges shall have power to issue the 
writ of habeas corpus at the instance of any person in actual custody 
in their respective districts. 

GRAND AND PETIT JURIES. 

The Jury Commission* of each parish consists of five “dis¬ 
creet citizens and good men and true, able to read and write the 
English language,” appointed by the District Judge together with 
the Clerk of the Court. 

Within thirty days after their appointment the members of the 
Commission, or a majority of them, meet at thef office of the Clerk 
of the Court and in the presence of two or more witnesses, resi¬ 
dents of the parish, select from the list of qualified jurors of the 
parish, the names of three hundred qualified jurors. Each of the 
names in said list is written by the clerk on a separate slip of 
paper, together with the ward or place of residence of such person, 
and the slip containing the names selected are placed in a box 
which is labeled “General Venire Box.” Immediately alter com¬ 
pleting said General Venire list the commission selects therefrom 
the names of (20) twenty citizens possessing the necessary qualifi¬ 
cations (see Sec. 1, Act 135, Statutes 1898 ) to serve as Grand 
Jurors during the term of six months after the grand jury is em¬ 
panelled and until a succeeding grand jury shall have been em¬ 
panelled. The names of the persons selected are written on slips 
of paper by the clerk in the presence of the commissioners, and 
the slips placed in an envelope which is sealed and endorsed with 
the words “List of Grand Jurors.” 

From the general venire box containing the remaining slips 
one of the commissioners draws, one at a time, the names of (30) 
thirty persons to serve as petit jurors for the first week of the next 
ensuing session of the District Court. In like manner (30) thirty 
jurors are selected for the second and third weeks respectively. 
Two lists of the names are made, one is kept by the Clerk of the 
Court, the other is given to the Sheriff by the Clerk with a “sum¬ 
mons” directed to each juror commanding him to appear on the 
first day of the week for which he was drawn, to serve as a juror 
for that week. The summonses are “served” by the Sheriff or his 
deputy and published in the official organ of the parish. 

* Paid $3.00 a day. five cents mileage. Clerk of District Court ex-officio member of 
Jury Commission. 

f Twice a year in every parish except Cameron. 


25 



On the first day of court the District Judge selects a compe¬ 
tent man to act as foreman of the Grand Jury and he is accord¬ 
ingly “sworn in” and from the envelope containing the names of 
grand jurors, under the directions of the court, the Sheriff draws 
the names until eleven answer who, with the foreman, constitute 
the Grand Jury. After being “sworn in” the Grand Jury is 
“charged” by the Judge. 

TAXATION. 

The taxing power is vested in the General Assembly for State 
purposes and in the parishes, municipal corporations, and public 
boards—under authority granted them by the General Assembly— 
for parish, municipal, and local purposes strictly public in their 
nature. (Art. 224, Constitution.) 

Art. 225. Taxation shall be equal and uniform throughout 
the territorial limits of the authority levying the tax, and all prop¬ 
erty shall be taxed in proportion to its value, to be ascertained as 
directed by law; provided, the assessment of all property shall 
never exceed the actual cash value thereof; and provided, further, 
that the tax payers shall have the right of testing the correctness 
of their assessments before the courts of justice. In order to ar¬ 
rive at this equality and uniformity, the General Assembly shall, 
at its first session after the adoption of this Constitution, provide a 
system of equality and uniformity in assessments based upon the 
relative value of property in the different portions of the State. 
The valuations put upon property for the purposes of State taxa¬ 
tion shall be taken as the proper valuation for purposes of local 
taxation, in every subdivision of the State. (See State Board of 
Appraisers, page 20.) 

Art. 232. The State tax on property for all purposes what¬ 
ever, including expenses of government, schools, levees and inter¬ 
est, shall not exceed, in any one year, six mills on the dollar of 
its assessed valuation, and, except as otherwise provided in this 
Constitution, no parish, municipal or public board tax for all pur¬ 
poses whatsoever, shall exceed in any one year ten mills on the 
dollar of valuation; provided, that for giving additional support to 
public schools, and for the purpose of erecting and constructing 
public buildings, public school houses, bridges, wharves, levees, 
sewerage work and other works of permanent public improvement, 
the title to which shall be in the public, any parish, municipal 
corporation, ward or school district may levy a special tax in ex¬ 
cess of said limitation, whenever the rate of such increase and the 
number of years it is to be levied and the purpose or purposes for 
which the tax is intended, shall have been submitted to a*vote of 
the property taxpayers of such parish, municipality, ward or 
school district entitled to vote under the election laws of the State, 
and a majority of the same in numbers , and in value voting at 
such election shall have voted therefor. 


26 


KINDS OF TAXES. 

1. Poll tax ($1.00 a year) on every male inhabitant between 
the ages of twenty-one and sixty. 

2. Tax on real estate—lands, residences, barns, etc. 

3. Taxes on personal property*—horses, cattle, vehicles, 
merchandise, household furniture exceeding $500 in value, stocks, 
bonds, except U. S. bonds and those of the State of Louisiana, 
jewelry, and all other objects having a monetary value. 

Art. 229. The General Assembly may levy a license tax, and 
in such case shall graduate the amount of such tax to be collected 
from the persons pursuing the several trades, professions, voca¬ 
tions and callings. All persons, associations of persons and cor¬ 
porations pursuing, any traie, profession, business or calling, may 
be rendered liable to such tax, except clerks, laborers, clergymen, 
school teachers, those engaged in mechanical, agricultural, horti¬ 
cultural, and mining pursuits, and manufacturers other than those 
of distilled, alcoholic or malt liquors, tobacco, cigars, and cotton 
seed oil. No political corporation shall impose a greater license 
tax than is imposed by the General Assembly for State purposes. 
This restriction shall not apply to dealers in distilled, alcoholic, or 
malt liquors. 

The General Assembly shall have authority to provide that 
municipalities levying license taxes equal in amount to those levied 
by police juries for parochial purposes, shall be exempted from the 
payment of such parochial licenses. 

Art. 235. The Legislature shall have power to levy, solely 
for the support of the public schools, a tax upon all inheritances, 
legacies and donations; provided, no direct inheritance, or dona¬ 
tion, to an ascendant or descendant, below ten thousand dollars in 
amount or value shall be so taxed; provided further, that no such 
tax shall exceed three per. cent for direct inheritances and dona¬ 
tions to ascendants or descendants, and ten per cent, for collateral 
inheritances, and donations to collaterals or strangers; provided, 
bequests to educational, religious, or charitable institutions shall 
be exempt from this tax. 

Art. 236. The tax provided for in the preceding article shall 
not be enforced when the property donated or inherited shall have 
borne its just proportion of taxes prior to the time of such dona¬ 
tion or inheritance. 

PURPOSES OF TAXATION. 

1. One and seven-eighths mills for the purpose: 

(a) Of paying interest on the Constitutional bonds of the 
State of Louisiana and the New Consols of the State authorized 
by the Act No. 65 of the Acts of 1892. 

(b) To pay the interest on the Free School Fund under 
Article 257 of the Constitution. 

(c) To pay the interest on the Seminary Fund under Article 
258 of the Constitution. 


* Tax on personal property due (in case the person has no real estate) Oct. 1st. 

27 





(d) To pay interest on the Agricultural and Mechanical 
College Fund under Article 259 of the Constitution. 

Any surplus remaining after paying the interest due on the 
bonded indebtedness of the State for the current year in which the 
same is levied as well as the interest on the funds mentioned above, 
shall be applied to the increasing of the fund for the maintenance 
and support of the public schools throughout the State to an amount 
equal to the net proceeds of one-eighth (l/8) of one mill on the 
dollar of the assessed value of the property of the State, for the 
year in which the same is levied and assessed and each subsequent 
year. 

And the surplus remaining after applying the amount specified 
in the preceding clause, to the public schools, shall be applied to 
the General Fund, if necessary to keep said fund on a cash basis. 

2. One mill for the construction, repairing, and maintaining 
of levees. (General Engineer Fund.) 

3. One and five-eighths mills for the public education in 
accordance with Article 254 of the Constitution, for the establish¬ 
ment, maintenance and support of public schools throughout the 
State under Articles 248 and 2 54, inclusive, of the Constitution. 

4. One and one-half mills of the General Fund for the follow¬ 
ing purposes. 

(a) To carry on the and maintain the government of the 
State and public institutions thereof. 

(b) To suppress insurrection, repel invasion or defend the 
State in times of war. 

(c) To preserve the public health. 

(d) To provide pensions for indigent Confederate soldiers and 
sailors and their widows. 

(e) To establish markers or monuments upon the battlefields 
of the country, commemorative of the services of Louisiana soldiers 
on such fields. 

(f) To maintain a Memorial Hall in New Orleans for the 
collection and preservation of relics and memorials of the late 
Civil War. 

Exemptions —Article 230 (as Amended 1902). 

Article 230. The following shall be exempt from taxation, 
and no other, viz: All public property, places of religious worship, 
or burial, the rectories and parsonages of churches and grounds 
thereunto appurtenant, used exclusively as residences for the 
ministers in charge of such churches, all charitable institutions, all 
buildings and property used exclusively for public monuments or 
historical collections, colleges and other school purposes, the real 
and personal estate of any public library, and that of any other 
library association used by or connected with such library, all 
books and philosophical apparatus, and all paintings and statuary 
of any company or association kept in a public hall; provided, the 
property so exempted be not leased for purposes of private or 
corporate profit or income. There shall also be exempt from taxa- 


28 


tion household property to the value of five hundred dollars. There 
shall also be exempt from parochial and municipal taxation for a 
period of ten years from the first day of January, 1900, the capital, 
machinery and other property employed in mining operations, and 
in the manufacture ot textile fabrics, yarns, rope, cordage, leather, 
shoes, harness, saddlery, hats, clothing, flour, machinery, articles 
of tin, copper and sheet iron, agricultural implements, and furni¬ 
ture and other articles of wood, marble and stone; soap, stationery, 
ink and paper, boat building and fertilizers and chemicals; pro¬ 
vided that nut less than five hands are employed in any one 
factory; provided, that nothing herein contained shall affect the 
exemptions provided for by existing constitutional provisions. 
There shall also be exempt from taxation for a period of ten years 
from the date of its completion any railroad or part of such railroad 
that may hereafter be constructed and completed prior to January 
1st, 1904; provided, that when aid has heretofore been voted by 
any parish, ward, or municipality to any railroad not yet con¬ 
structed ; such railroad shall not be entitled to the exemption from 
taxation herein established, unless it waivers and relinquishes 
such aid or consents to a resubmission of the question of granting 
such aid to a vote of the property taxpayers of the parish, ward or 
municipality, which has voted the same, if one-third of such pro¬ 
perty taxpayers petition for the same with six months after the 
adoption of this Constitution. And provided, further, that this 
exemption shall not apply to double tracks, sidings, switches, 
depots or other improvements or betterments, which may be con¬ 
structed by railroads now in operation within the State, other than 
extentions or new lines constructed by such railroads; nor shall 
the exemption hereinabove granted apply to any railroad or part of 
such railroad, the construction of which was begun and the road 
bed of which was substantially completed at the date of the adop¬ 
tion of this Constitution. The property or real estate belonging 
to any military organization of the State of Louisiana which is 
used by the State National Guard or militia for military purposes, 
such as arsenals or armories, while so used, shall be exempt from 
taxation. 


29 


ASSESSORS’ BLANK. 

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OATH. 


I, whose postoffice is.da 

solemnly swear (or affirm) that the list * on the reverse side of this 
paper which I have signed, is a correct and complete list of all the 
property of which I am owner or have in my possession, or under 
my control, in the capacity set forth in said list, situated in the 

Parish of.of every kind, char¬ 

acter and description, which is subject to taxation under the Con¬ 
stitution of the State of Louisiana, and under Section 1 of the Act 
of the General Assembly, entitled "An Act to Provide an Annual 
Revenue and Taxation for the State of Louisiana, etc.,” adopted 
at the regular session of 1898, which section is printed in full in 
this page; and further, that the number of acres of land has been 
stated, and that the valuation placed thereon by me is true and 
correct, to the best of my knowledge and judgment, and I have 
given the proper description of said lands and all other taxable 
property as the law requires, so help me God. 

Sworn to and subscribed before me this .day 


.Assessor. 

HOMESTEAD EXEMPTIONS. 

Art. 244. There shall be exempt from seizure and sale by 
any process whatever, except as herein provided, and without 
registration, the homestead, bona fide , owned by the .debtor and 
occupied by him, consisting of lands, not exceeding one hundred 
and sixty acres, buildings and appurtenances, whether rural or 
urban, of every head of a family, or person having a mother or 
father, or a person or persons dependent on him or her for support, 
also two work horses, one wagon or cart, one yoke of oxen, two 
cows and calves, twenty-five head of hogs, or one thousand 
pounds of bacon or its equivalent in pork, whether these exempted 
objects be attached to a homestead or not, and on a farm the 
necessary quantity of corn and fodder for the current year, and the 
necessary farming implements, to the value of two thousand 
dollars. 

Provided, that in case the homestead exceeds two thousand 
dollars in value, the beneficiary shall be entitled to that amount in 
case a sale of the homestead under any legal process realizes more 
than that sum. 

No husband shall have the benefit of a homestead, whose wife 
owns, and is in the actual enjoyment of property or means to the 
amount of two thousand dollars. 

The benefit of this exemption may be claimed by the surviv¬ 
ing spouse, or minor child or children, of a deceased beneficiary* 

* See page 30. 


32 









Art. 245. Right to homesteads or exemptions, under laws 
or contracts, or obligations existing at the time of the adoption of 
this Constitution, shall not be impaired, repealed or affected by any 
provision of this Constitution, or by any laws passed in pursuance 
thereof. 

This exemption shall not apply to the following debts to-wit: 

1st. For the purchase price of property or any part thereof. 

2d. For labor, money, and material, furnished for building, 
repairing or improving homestead. 

3d. For liabilities incurred by any public officer, or fiduciary, 
or any attorney at law, for money collected or received on deposit. 

4th. For taxes or assessments. 

5th. For rent which bears a privilege upon said property. 
No court or ministerial officer of this State shall ever have juris¬ 
diction, or authority, to enforce any judgment, execution, or decree 
against the property exempted as a homestead, except the debts 
above mentioned in numbers one, two, three, four and five, of this 
Article; provided, the property herein declared exempt shall not 
exceed in value two thousand dollars. 

Art. 246. The right to sell any property that is exempt as 
homestead shall be preserved; but no sale shall destroy or impair 
any rights of creditors therein. Any person entitled to a home¬ 
stead may waive the same, by signing with his wife, if she be not 
separated a mensa et tlioro , and having recorded in the office of the 
Recorder of Mortgages of his parish, a written waiver of the same, 
in whole or in part. Such waiver may be general or special, and 
shall have effect from the time of recording. 

Art. 247. The articles of this Constitution relating to home¬ 
steads and exemption shall take effect on January 1st, 1899. In 
the Parish of Orleans, the homestead to be valid shall be recorded 
as is now, or may be, provided by law. 

SUFFRAGE. 

The State confers the right of suffrage.* Provisions relative 
to this right are as follows: 

Art. 197. Constitution. Every male citizen of this State and 
of the United States, native born or naturalized, not less than 
twenty-one years of age; and possessing the following qualifica¬ 
tions, shall be an elector, and shall be entitled to vote at any elec¬ 
tion in the State by the people, except as may be herein otherwise 
provided. 

Sec. 1. He shall have been an actual bona-fide resident of 
this State for two years, of this parish one year and of the pre¬ 
cinct in which he offers to vote six months next preceding the 
election. 

Sec. 2. He shall have been at the time he offers to vote le¬ 
gally enrolled as a registered voter on his personal application in 
accordance with the provisions of this constitution. 

* One exception, the XV Amendment to Constitution of U. S. 


33 






Sec. 3. He shall be able to read and write and shall demon¬ 
strate his ability to do so when he applies for registration by mak¬ 
ing under oath administered by the officer or his deputy, written 
application therefore in the English language or his mother tongue, 
which application shall contain the essential facts necessary to 
show that he is entitled to register and vote, and shall be entirely 
written, dated, and signed by him in the presence of the registra¬ 
tion officer or his deputy, without assistance or suggestion from 
any person or memorandum whatever except the form of applica¬ 
tion. If applicant states on oath that he is physically un¬ 

able to write his application, it must be written at his dictation by 
the registration officer or his deputy. 

Sec. 4. If he be not able to read and write.then he 

shall be entitled to register and vote if he shall, at the time he 
offers to register, be the bona fide owner of property as¬ 
sessed to him in this State at a valuation of not less than three 
hundred dollars on the assessment roll of the current year in which 
he offers to register, or on the roll of the preceding year, if the 
roll of the current year shall not then have been completed and 
filed, and on which, if such property be personal only, all taxes 
due shall have been paid. 

Sec. 5. No male person who was on January 1, 1867, or any 
date prior thereto, entitled to vote under the constitution or statutes 
of any State of the United States wherein he then resided, and no 
son or grandson of any such person, not less than twenty-one at 
the date of the adoption of this constitution, and no male person 
of foreign birth, who was naturalized prior to the first day of Jan¬ 
uary, 1898, shall be denied the right to register and vote in this 
State by reason of his failure to possess the educational or prop¬ 
erty qualification prescribed by this corstitution; provided, he shall 
have resided in this State five years next preceding the date at 
which he shall apply for registration, and shall have registered in 
accordance with the term of this article prior to September 1, 1898, 
and no person shall be entitled to register under this section after 
this date. 

Art. 198. No person less than sixty years of age shall be 
permitted to vote at any election in this State who shall not, in 
addition to the qualifications above prescribed, have paid on or be¬ 
fore the 31st of December, of each year, for two years preceding 
the year in which he offers to vote, a poll tax of one dollar per 
annum. 

Upon all questions submitted to taxpayers, as such, of any 
municipal or other political subdivision of the State, women tax¬ 
payers having the proper qualification of age and residence shall 
have the right to vote in person or by their authorized agents with¬ 
out registration. 

Art. 200. No person shall vote at any primary election or in 
any convention or other political assembly held for the purpose of 
nominating any candidate for public office, unless he is at the time 


34 






a registered voter. And in all political conventions in this State the 
apportionment of representation shall be on the basis of population. 

Art. 203. In all elections by the people the electors shall 
vote by ballot, and the ballots cast shall be publicly counted. In 
all elections by persons in a representative capacity, the vote shall 
be viva-voce. 

Art. 202. The following persons shall not be permitted to 
register, vote or hold any office or appointment of honor, trust or 
profit in this State, to-wit: Those who have been convicted of 
any crime punishable by imprisonment in the penitentiary, and not 
afterwards pardoned with express restoration of franchise; those 
who are inmates of any charitable institution, except the Soldiers’ 
Home; those actually confined in any public prison; all interdicted 
persons, and all persons notoriously insane or idiotic, whether in¬ 
terdicted or not. 

ELECTIONS. 

State elections are held every four years on the Tuesday next 
following the third Monday in April. Parish elections, except in 
New Orleans, must always be held on the same day as the general 
State election.* 

In each parish a Board of Supervisors, consisting of a presi¬ 
dent appointed by the Governor, the Registrar of voters, and a 
member elected by the police jury has charge of the elections. 
Each polling booth is in charge of three commissioners appointed 
by the parish Board of Supervisors. 

All ballots—in the election of public officers—are printed at 
the expense of the State and distributed by the Secretary of State. 
Each ballot contains the names of all the candidates that have been 
regularly nominated or the office specified in the ballot. 

Each voter presents his registration paper to the commission¬ 
ers in charge before he receives a ballot. Having stamped the de¬ 
vice over the list of names—if he wishes to vote the straight ticket 
—or marked the names of the candidates in the black spaces op¬ 
posite their names—if he wishes to choose candidates from differ¬ 
ent political parties—he folds the ticket so as to show the official 
stamp on the back, and places it in the box provided for the pur¬ 
pose. 

In case the voter spoils a ballot he may have another. If he 
spoils this he may obtain another, making three in all. 

The counting of the ballots begins as soon as the polls are 
closed. Three lists are kept of all the ballots cast. After the com¬ 
piled statements are completed, the commissioners swear to their 
correctness, and one of the tally sheets and one of the statements 
is delivered to the Board of Supervisors of the parish, the second 
tally sheet and statement is sent to the Secretary of State, and the 
third with the ballots and poll list are sealed up in the ballot box 
and d elivered to the Clerk of the Court, f _ 

* Elections for electors every fourth year, first Tuesday after first Monday in Novem¬ 
ber. Election of Congressmen same date every second year. 

f The law provides for the regular Australian system of balloting in New Orleans, and 
a modified form for the rest of the State. 




35 




HISTORICAL. 

Discovery of Louisiana. 

1536. —The first mention of Louisiana and of the Mississippi 
River being traversed by white men. is in 1536, when a remnant 
of the ill-starred expedition of the Spaniards, under Pamphilo de 
Narvaez, in the vain attempt to conquer Florida and seek for gold, 
escaped in this direction to the Pacific. Narvaez had been put in 
command of the territory extending west to the River of Palms— 
probably Colorado—farther west than that afterwards included in 
Louisiana. 

1537. —Notwithstanding the failure of Narvaez, other bold 
adventurers were ready to follow; and in 1537 Ferdinand de Soto, 
a native of Xeres, Spain, the favorite companion of Pizarro in the 
conquest of Peru, sought and obtained at Vallodolid, from Charles 
V., permission to conquer Florida at his own cost. Landing on 
that coast May, 1539, his well appointed army was almost 
annihilated before he reached the Mississippi two years later. 

1542—DeSoto died at the mouth of the Red River, and, 
according to tradition, was buried in the waters of the Mississippi. 
The miserable remnant of his expedition decended the Mississippi 
to the Gulf in July, 1543, after enduring great hardships and 
privations. Thus does the discovery of the Father of Waters be¬ 
long to the Spaniards, and no other record is in existence of white 
men visiting it until one hundred and thirty years afterwards. 

1673—At this date, Father Marquette, a missionary monk, 
and Sieur Joliet, from Picardy, with a small party from the French 
possessions of Canada, entered the upper Mississippi region and 
descended it to below the mouth of the Arkansas and returned. 

French Take Possession. 

1682.—April 9th, Robert, Cavalier de la Salle, then of Fort 
Frontenac, Lake Ontario, was the next to descend the great river, 
in company with Chevalier Henry de Tonty, an Italian veteran 
officer under the patronage of Louis XIV. 

On the 12th of April, this year, La Salle erected a cross and 
planted the arms of the French on the banks of the Mississippi 
near the head of the Passes, and thus took formal possession of 
the country in the name of his sovereign, Louis XIV., and after 
him called it Louisiana. 

1687—March 20th, LaSalle was assassinated by his own ser¬ 
vants, on the Trinity River in Texas, in his attempt to find the 
mouth of the Mississippi and to colonize the country for France. 

SETTLEMENT BY THE FRENCH. 

1699.—January—France did not attempt to colonize her terri¬ 
tory until January of this year, when a company sent out under 

* Report of Secretary of State 1902. 


36 



command of Iberville, which, among its two or three hundred, em¬ 
braced the three Canadian brothers, Iberville, Sauvolle and Bien¬ 
ville, sons of Charles Lemonye, landed from two brigs at the 
Indian village of Biloxi, Miss. Here for many years was the head¬ 
quarters of the Louisiana colony. In February, Iberville and his 
brother Bienville, with Father Athanase, who had accompanied 
LaSalle, went in small boats to the Mississippi, which they ascend¬ 
ed the village of Bayou Goulas, where the Indians handed them 
letters and other relics from LaSalle and Tonty, thence to Pointe 
Coupee, which they named, and to the mouth of the Red River. 
Returning they traversed Lakes Maurepasand Pontchartrain, nam¬ 
ing the one after Count de Maurepas, who held office under their 
sovereign (and afterwards under Louis XV. and was lastly minis¬ 
ter under Louis XVI), and the other after the Count de Pontchar¬ 
train, who was Minister of Marine, under whom they served. De¬ 
cember 7th of this year another French fleet arrived, bringing the 
appointments of the brother Antoine Lemoyne Sauvolle as the first 
Governor of the colony, and the brother Lemoyne Bienville as the 
first Lieutenant Governor. 

1701—July 22d, Governor Sauvolle and 150 of the colonists 
died of fever, leaving Bienville, a most worthy man, to succeed to 
to the governorship. 

GRANT TO CROZAT. 

1712—September 14th, Louis XIV granted to Anthony Crozat, 
a millionaire in the East India trade, the exclusive commerce for 
fifteen years of this vast province, so unsuccessful had the man¬ 
agement of the colony hitherto been. Lamothe Cadilac was ap¬ 
pointed Governor. By the charter of Crozat, dated September 12, 
1712, Louisiana, as claimed by France, embraced all the immense 
regions of the United States from the Alleghany on the east, to 
the Rocky Mountains on the west, and from the great lakes of the 
north to the Gulf of Mexico on the south. 

JOHN taw’s MISSISSIPPI COMPANY. 

1717— Crozat surrendered his charter and John Law was 
granted a charter under the name of the ‘Companie de L’Ouest,” 
with a monopoly of trading in the colony. 

NEW OREEANS FOUNDED. 

1718— Bienville selected the site and founded the city of New 
Orleans. 

EOUISIANA CEDED TO SPAIN. 

1762—November 3d, by secret treaty, Louisiana was ceded to 
Spain. 

SPANIARDS TAKE POSSESSION. 

1769—August 18th, the Spaniards took possession. A rebel¬ 
lion having previously broken out was quelled by Gen. O’Reilly, 
who was appointed Governor and Captain-General. 


37 


LOUISIANA RETROCEDED TO FRANCE. 

1800— October 1st, Louisiana ceded by Spain to France by the 
treaty of St. Ildephonso. 

FRANCE CEDES LOUISIANA TO THE UNITED STATES. 

1803—April 30th, Louisiana was ceded by France to the 
United States for $15,000,000. 

UNITED STATES TAKE POSSESSION. 

1803—December 20th, the Americans took possession and the 
new acquisition was designated as the Territory of Orleans, W. C. 
C. Claiborne being appointed Governor. 

1801— Under act of Congress of March 26, 1804, the Terri¬ 
tory of Orleans was organized and in December the first Territo¬ 
rial Legislature met. 

1805—The Territory was reorganized by act of Congress of 
March 2, 1805. 

LOUISIANA ADMITTED TO THE UNION. 

1812—On April 8th of this year, the Constitution of 1812 
having been ratified, the Territory was admitted to the Union, and 
the name of Louisiana restored to it. War was declared between 
the United States and Great Britain. 

1815—January 8th, the battle of New Orleans was fought, 
and British defeated. 

1845—A new Constitution was framed, conforming to those of 
the neighboring States. 

1852—A new Constitution was adopted. 

1860— ^10 November of this year Abraham Lincoln was elected 
President of the United States, and then began the great sec¬ 
tional war between the Northern and Southern States of the 
Union. 

SECESSION OF LOUISIANA. 

1861— January 26th, the Ordinance of Secession was adopted 
and the State joined the other States of the South in forming a 
government under the name of the Confederate States of America.* 

1862— On April 29th of this year Commodore Farragut, in 
command of the Federal fleet, having successfully passed Forts 
Jackson and St. Philip, took possession of the city of New Or¬ 
leans. On May 1st, General B. F. Butler, in charge of the land 
forces, took command and appointed Brigadier-General Shepley 
Military Governor of the State. 

1864—January 11th, General N. P. Banks, having relieved 
General Butler, issued his proclamation ordering an election for a 
State convention to frame a Constitution. This convention made 
the Constitution of 1864. State officers were elected and installed, 
but their authority never was recognized beyond the Federal line. 
The war ended with these officers in power, but Congress refused 
to admit Louisiana to the Union. 

* For list of names in favor of Secession, See report of Secretary of State, 1902. 


38 




RECONSTRUCTION PERIOD. 

1868—A Constitutional Convention assembled in New Or¬ 
leans, by virtue of the Reconstruction Acts of Congress, and 
adopted a new Constitution. Under this Constitution Henry C. 
Warmoth was proclaimed elected Governor of the State and served 
for the term of four years. 

LOUISIANA READMITTED TO THE UNION. 

1868—Congress having approved of the Constitution of 1868, 
Senators and Representatives were admitted to seats in Congress. 

Louisiana, like other Southern States, was cursed by “carpet¬ 
bag rule.” Henry C. Warmoth and William P. Kellogg governed 
the State from 1868 to 1872 and 1872 to 1876, respectively. Dur¬ 
ing the few years succeeding the civil war and 1877, the taxes 
were increased outrageously. The carpet-baggers, scalawags and 
negroes plunged the State headlong into debt; stole hundreds of 
thousands of dollars; openly bribed voters ; debauched the negroes, 
of whom, some of the most besotted and ignorant, unable to read 
or write, were sent to the General Assembly to make laws for their 
former masters. 

1874—September 14th—On this day was struck the first de¬ 
cisive blow to redeem the State from negro Republican rule, which 
had disorganized its internal affairs, plundered the treasury and 
threatened social disruption. The citizens of New Orleans, as¬ 
serting their rights to hold public meetings and bear arms, assem¬ 
bled, as the White League Organization, on the levee at the head 
of Canal street, under command of General Fred. N. Ogden. The 
Republican government, with the aid of the armed Metropolitan 
Police, under command of General A. S. Badger, endeavored to 
disperse them, but after a sharp and sanguinary conflict, resulting 
in the wounding of nearly two score and tht death of a dozen 
men, were themselves routed and retreated to the Customhouse for 
safety. The result was the overthrow of the Kellogg Republican 
government and the establishment of a State Democratic govern¬ 
ment, with Jonh McEnery as Governor. The United States gov¬ 
ernment intervened, marched its troops to the State House a few 
days afterwards, caused McEnery to surrender, and reinstalled the 
Kellogg government. 

This abominable riff-raff remained in power, and this saturnalia 
of crime and corruption continued until 1877—when they were 
swept from power and General Francis Tillou Nicholls, one of 
Louisiana’s most chivalrous sons, was installed as Governor, and 
the work of redemption began, which, under successive Demo¬ 
cratic rule, has brought the State to its present high stage of pros¬ 
perity. 

1879—A new Constitution adopted and new State officers 
elected, with Louis Alfred Wiltz as Governor. 

1898—The present Constitution was adopted in 1898. 


39 


TERRITORIAL AND STATE GOVERNMENTS. 


GOVERNORS OF LOUISIANA UNDER FRENCH RULE. 

Marquis de Sauvolle. 1699-1700 

Bienville. 1701- 1722 

Lamothe CadiPac.1713-1715 

De L’Epinay.1717-1716 

Bienville ...1718-1723 

Boisbriant (ad interim). 1724 

Perrier.1725-1731 

Bienville.1732 -1741 

Marquis de Vautreuil.1742-1752 

Baron de Kerelec.1753-1762 

D’Abadie. 1763-1766 

UNDER SPANISH RULE. 

Antoine de Ulloa.1767-1768 

Alexander O’Reilley.1768-1769 

Luis de Unzaga. 4 .1770-17 76 

Bernardo de Galvez.1778-1784 

Estevan Miro . 1785-1787 

Francisco Luis Horter, Baron de Carondelet.1789-1792 

Gayoso de Lemos.1796-1797 

Sebastian y Caso Calvo y O’Farrill.1798-1799 

Juan Manuel y de Salcedo.:.1801-1803 

TERRITORY OF LOUISIANA. 

W. C. C. Claiborne.1804-1812 

STATE OF LOUISIANA. 

W. C. C. Claiborne. 1812-1816 

Jacques Villere.1816-1820 

Thomas Boling Robertson (resigned). 1820-1822 

Henry S. Thibodaux, Pres’t of Senate (acting governor) 1822-1824 

Henry Johnson.1823-1828 

Pierre Derbigny (died in office).1828-1829 

TERRITORIAL AND STATE GOVERNMENTS. 

A. Beauvais, Pres’t of the Senate (acting governor)....1829-1830 

Jaques Dupre.1830- 1831 

Andre Bienvenu Roman. 1821-1835 

Edward White.1835-1839 

Andre Bienvenu Roman.1839-1843 


40 



































Alexandre Mouton.,..1843-1846 

Isaac Johnson. 1846-1850 

Joseph Walker . 1850-1853 

Paul O. Hebert.1853-1856 

Robert Charles Wickliffe ....1856-1860 

Thomas Overton Moore.r..1860-1864 

Gen. G. F. Shepley, Military Governor.1862-1863 

Henry Watkins Allen, under Confederate government 1864-1864 

Michael Hahn, under Federal government. 1864 

James Madison Wells,Pres’t of Senate (acting governor) 1864-1866 

James Madison Wells. 1866-1867 

Benjamin Flanders, under military authority.1867-1868 

Joshua Baker, under military authority. 1868 

Henry Clay Warmoth........1868 -1873 

John McEnery (counted out by the Returning Board). 1873 

P. B. S. Pinchback, Lieutenant Gov., Acting Governor.. 1873 

William Pitt Kellogg, Governor de jure..1873-1877 

Francis T. Nicholls. 1877-1879 

Louis Alfred Wiltz (died in office).:...1880-1881 

Samuel Douglas McEnery, Lieutenant Governor, suc¬ 
ceeded him as Governor.1881-1884 

Samuel Douglas McEnery.1884-1888 

Francis T. Nicholls.1888-1892 

Murphy James Foster.1892-1896 

Murphy James Foster.1896-1900 

William Wright Heard. 1900-1904 

Newton C. Blanchard..1904 

LOUISIANA CONGRESSMEN. 

(Territory organized March 3, 1805.) 

Ninth Congress—March 4, 1805, to March 4, 1807. Dele¬ 
gate: Daniel Clarke. 

Tenth Congress—March 4, 1807, to March 4, 1809. Dele¬ 
gate: Daniel Clarke. 

Eleventh Congress—March 4, 1809, to March 4, 1811. Dele¬ 
gate: Julien Poydras. 

Twelfth Congress—March 4, 1811, to March 4, 1813. Dele¬ 
gate: Julien Poydras, until April 8, 1812, when Louisiana was 
admitted into the Union. 


41 


























*THE PROVINCE OF LOUISIANA—THE PUR¬ 
CHASE. 


THE COST AND AREA OF THE LOUISIANA PURCHASE. 

The United States paid for this cession— 

Principal sum. $15,000,000 00 

Interest to redemption. 8,529,353 00 

Total . $23,529,353 00 

Claims of the citizens of the United States from 
France under this treaty assumed by the United 
States in part payment for the territory. 3,738,268 00 

Total .$27,267,621 00 


AREA. 

Square Miles. 


State of Alabama, west of Perdido and on the Gulf, be¬ 
low latitude 31 degrees north, estimated to contain.. 2,300 

State of Mississippi, west of Alabama, adjoining Louis¬ 
iana on the Gulf, and south 31 degrees north lati¬ 
tude, estimated at. 3,600 

State of Louisiana. 48,720 

State of Arkansas . 53,850 

State of Missouri... 69,415 

State of Kansas, all but southwest corner (estimated). 73,542 

State of Iowa.-... 56,025 

State of Minnesota, west of Mississippi river (estimated) 57,531 

State of Nebraska. 77,510 

State of Colorado, east of Rocky Mountains, and north 

of Arkansas river (estimated) . 57,000 

State of Oregon. 96,030 

State of South Dakota. 77,650 

State of North Dakota . 70,795 

State of Montana. 146,080 

State of Washington. 69,180 

State of Idaho. 84,800 

State of Wyoming. 97,890 

Indian Territory . 31,400 . 


Total area acquired.tl,238,318 


* This article reproduced by permission of Ex-Secretary of State of Missouri, 
t Or 787,403,520 acres. 


42 





























(The areas above for the divisions entire are taken from the 
latest published figures (1900), and the areas for fractional divi¬ 
sions are taken from “The Public Domain,” published in 1883 by 
the Government. Idaho. Oregon and Washington are included in 
above table, because the United States obtained possession of them 
indirectly through the treaty.) 

POPULATION. 

The population of the Louisiana teriitory (including the States 
of Idaho, Oregon and Washington) in 1810 (seven years after the 
purchase), was less than 100,000; the same area to-day contains 
13,833,988—population for fractional divisions being estimated. 

THE PURCHASE OF LOUISIANA. 

The beginning of Jefferson's first term found the country 
threatened by the dangers and complications of an international 
struggle across the water. Napoleon was engaged with plans hos¬ 
tile to England. France had obtained from Spain a secret cession 
to what was known as the Louisiana territory. The British gov¬ 
ernment was covetous of American territory and was interested in 
limiting the expansion of the United States to the westward. The 
United States Government had become seriously concerned over 
the question of the commercial outlet to the Gulf. Spanish officials 
at New Orleans were imposing restrictions which materially ham¬ 
pered the commerce of the Valley and which were the occasion of 
bad feeling 

Marbois was Napoleon’s Minister of the Public Treasury. 
Napoleon needed money for his war budget. But of stronger in¬ 
fluence with him was a policy which might cripple England. 
Under such conditions, President Jefferson opened, through Mr. 
Livingston, the American Minister to France, negotiations for the 
purchase of so much territory as wou’d control the mouth of the 
Mississippi. The inspiration for this diplomacy was the increas¬ 
ing clamor of the people in the great Valley against the interfer¬ 
ence with American commerce on the river. To aid Mr. Living¬ 
ston. Mr. Monroe, afterwards President, was sent as a special 
Ambassador. 

Napoleon met .the negotiations with a counter proposition. 
According to Marbois, who became the historian of the transaction, 
Napoleon said, in a conversation on the 10th of April, 1803, speak¬ 
ing of the proposed cession, with special reference to the desire of 
the British: “They shall not have the Mississippi, which they 
covet. ’ ’ 

Twenty days later the treaty had been consummated, and the 
great territory of Louisiana had been ceded to the United States 
for $12,000,000, and the assumption of certain claims amounting 
to about $3,000,000 more. 

It was in commenting upon the accomplishment of the pur¬ 
chase that Napoleon remarked: “This acce:-sion of territory 
strengthens forever the power of the United States.” 


43 


The secret treaty of St. Ildefonso, by which the territory 
passed to France from Spain, was made in 1800. It was known to 
the government of the United States, but the actual transfer from 
Spanish'to French authority had not taken place. The trouble 
from which American commerce suffered was with the Spanish 
officials at New Orleans. President Jefferson, however, knew that 
the solution of the difficulty must come through negotiations with 
France. 

It is an interesting fact that in 1802 there sailed out of the 
Mississippi 158 American vessels, of 21,383 tonnage. This was 
the American commerce endangered. It was the arbitrary order 
issued on the 16th of October, 1802, by the Intendant Morales, 
“suspending the right of deposit” at the port of New Orleans, 
which created the outburst of indignation along the Mississippi, 
which prompted President Jefferson to enter upon the negotiations 
for the purchase of the territory. 

According to Marbois, Napoleon realized in some degree the 
magnificent territory which he was transferring to the United 
States. He realized, however that it was impossible for him to 
hold territory without sending a fleet and a strong force. He un¬ 
derstood, also, that this transfer of Louisiana territory to the United 
States would be the strongest blow he could deal to England. 

Napoleon met the -offer of the United States to purchase the 
mouth of the river with this answer to his Minister, Marbois: 

“Irresolution and deliberation are no longer in season. I re¬ 
nounce Louisiana. It is not New Orleans only I will cede; it is 
the whole colony, without any reservation. I know the price of 
what I abandon. I renounce it with the greatest regret. To at¬ 
tempt to retain it would be folly.” 

The treaty of the purchase was signed on April 30, 1803. The 
transfer at New Orleans took place Dec. 20, 1803. 

TOPICS FOR THE STUDY OF LOUISIANA AND WEST 

FLORIDA. 

Territorial history to 1512; 1512-41, Spanish claims; 1699, 
French settlement; 1712, Crozat’s grant; 1762, West side to Spain; 
1763, East side to England; 1800, October, transfer to France— 
American negotiations; 1802, October, “deposit” withdrawn; 
1803, Monroe sent out; Napoleon’s offer of the whole—the treaty; 
1803, April 10, treaty signed; October 9, ratified; boundaries; 
payment; claims; expediency; objection of England.—Constitu¬ 
tional questions: implied powers; Jefferson’s amendment.— 
Boundary questions; Southeastern; Southwestern; Northern; later 
adjustments—Organization: 1803, December 20, the territory trans¬ 
ferred ; 1804, Territory of Orleans; 1805, Territorial Government; 
1812, State of Louisiana; West Florida question; French refuse a 
definition; difficulties with Spain; 1808, revolution; 1810, western 
part annexed; 1812, remainder annexed; Treaty. 


44 


I 


CONSTITUTIONS OF THE STATE OF LOUISIANA. 

Constitution of 1812—Adopted at New Orleans, Jan. 22, 1812. 
Constitution of 1845—Adopted May 14, 1845. 

Constitution of 1852—Adopted at Baton Rouge, July 31, 1852. 
Constitution of 1864—Adopttd in convention, July, 1864. 
Constitution of 1868—Adopted at New Orleans Mar. 11, 1868. 
Constitution of 1879—Adopted at New Orleans, July 23, 1879, 
Constitution ol 1898—Adopted at New Orleans, May 12, 1898. 

Text of each complete in report of Secretary of State, 1902. 



45 




CONSTITUTION OF UNITED 

STATES. 


Topics for Discussion Preparatory to Study of the Con¬ 
stitution, 


UNIONS FOR PROTECTION. 

New England Confederacy, 1643. 

French Alliance with Indians—plans to meet danger. 

*Albany Congress 1754. 

*Stamp Act Congress 1765. 

Committees of Correspondence. 

First Continental Congress. 

Second Continental Congress. 

DEVELOPEMENT OF IDEA OF NATIONAL SOVEREIGNTY. 

Western Territory— Conflicting claims. + 

States cede Territory to General Government. 

Ordinance of 1787. 

Spain and the Mississippi. 

ARTICLES OF FEDERATION. 

Defects of. 

Other reasons for failure of. 

CALL FOR A CONVENTION. 

Meeting of delegates in Alexandria 1785 to frame a compact 
concerning navigation of Chesapeake Bay and other waters. 

In Annapolis, 1786. 

Hamilton’s recommendation of a general convention. 

Call of Congress for a General Convention. 


*See Life of Benjamin Franklin. 
fSee Old Northwest, Hinsdale. 


46 







*the federal convention. 

In Philadelphia May 14, 1787. 

Purpose. 

^.Personnel. (John Adams, Thos. Jefferson, Patrick Henry 
not present.) 

Two Parties. 

Compromises. 

Result. 

OUTLINE OF THE CONSTITUTION. 

PREAMBLE. 

ARTICLE I. The Legislative Department . 

Sec. 1. Vestment of power in a congress of two houses. 
Sec. 2. House of representatives: appointment, qualifica¬ 
tions, election, term, sole powers. 

Sec. 3. Senate: apportionment, qualifications, election, 
terms, sole powers. 

Sec. 4. Congress: time and place of election, time of 
meeting. 

Sec. 5. Houses respectively: relations to members. 

Sec. 6. Provisions common: privileges and disabilities. 

Sec. 7. Mode of Passing laws. 

Sec. 8. Powers of Congress. 

Sec. 9. Prohibitions of Congress. 

Sec. 10. Prohibitions on the States. 

ARTICLE II. The Executive Department. 

Sec. 1. Vestment of power, term, qualifications, elections.etc. 
Sec 2. Powers. 

Sec. 3. Duties. 

Sec. 4. Removal of 
ARTICLE III.— The Judicial Department. 

Sec. 1. Vestment of authority, appointment, term, etc. 

Sec. 2. Jurisdiction. 

Sec. 3. Treason, definition, procedure. 

ARTICLES IV— The States. 

Sec. 1. Mutual credit of official papers. 

Sec. 2. Interstate relations. 

Sec. 3. New States and Territories. 

Sec 4. Republican form of government guaranteed. 
ARTICLE V.— Mode oj Amending the Constitution . 

ARTICLE VI.— Miscellaneous. 

ARTICLE VII.— Ratification . 

AMENDMENTS. 

1-10. Personal rights guaranteed. 

11. Limitation on Jurisdiction of U. S. Courts. 

12. Mode of electing the president and vice-presidents. 

13. Slavery prohibited. 

14. “Citizen” defined. 

_ 15 Suffrage. _ 

*See Chapters VI. and VII. Fiske’s Critical Period. 
tSeeElson’s History of United States. 


47 



1787. 

CONSTITUTION OF THE UNITED STATES. 

*We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this Constitution for the United States of America. 

ARTICLE I. 

SECTION 1—All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate and a House of Representatives. 

SECTION 2—The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
states and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

(2) No person shall be a representative who shall not have at¬ 
tained to the age of twenty-five years and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of the State in which he shall be chosen. 

(3) Representatives and direct taxes shall be apportionedf 
among the several States which may be included within this Union, 
according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one representative; 
and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts, eight, 
Rhode Island -and Providence Plantations, one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware 
one, Maryland six, Virginia ten, North Carolina five, South Car¬ 
olina five, and Georgia three. 

(4) When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of election 
to fill such vacancies. 

(5) The House of Representatives shall choose their speaker! 
and other officers and shall have the sole power of impeachment. 

*For discussion of Preamble and Enacting clause, see Hinsdale’s American Government, 
page 127. 

tHinsdale’s American Government. 
lAmerican Government. Ashley. 


48 



SECTION 3—(1) The Senate of the United States shall be 
composed of two senators from each State, chosen by the legis¬ 
lature thereof for six years; and each senator shall have one vote. 

(2) Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the ex¬ 
piration of the sixth year, so, that one-third may be chosen every 
second year; and if vacancies happen by resignation, or otherwise, 
during the cecess of the legislature of any State, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

(3) No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

(4) The Vice-President of the United States shall be President 
of the senate but shall have no vote, unless they be equally divided. 

(5) The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

(6) The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose they shall be on oath or 
affirmation. When the President of the United States is tried, the 
chief justice shall preside; and no person shall be convicted with¬ 
out the concurrence of two thirds of the members present. 

(7 s ) Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but 
the partv convicted shall nevertheless be liable and subject to 
indictment, trial, judgment and punishment, according to law. 

SECTION 4—(1) The times, places, and manner of holding 
elections for senators and representatives, shall be prescribed in 
each State, by the legislature thereof: but the Congress may at 
any time by law make or alter such regulations, except as to the 
places of choosing senators. 

(2) The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day.* 

SECTION 5—(1) Each House shall be the judge of the 
elections, returns and qualifications of its own members, and a 
majority of each shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members in such manner, and 
under such penalties as each House may provide. 

(2) Each House may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the concur¬ 
rence of two thirds, expel a member. _ 

*Each Congress holds two sessions. Congressmen elected in November do not attend a 
session until the folowing December a year. 

49 





I 


(3) Each House shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either House on any question shall, at the desire of one- 
fifth of those present, be entered on tl e journal. 

(4) Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three days,, 
nor to any other place than that in which the two Houses shall be 
sitting. 

SECTION 6—(l) The Senators and Representatives shall 
receive a compensation* for their services, to be ascertained by law, 
and paid out of the Treasury of the United States. They shall in 
all cases, except treason, felony, and breach of the peace, be 
priviledged from arrest during their attendance at a session of their 
respective Houses, and in going to and returning from the same; 
and for any speech or debate in either House, they shall not be 
questioned in any other place. 

(2) No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding any office under the United States 
shall be a member of either house during his continuance in office. 

SECTION 7.—(1) I All bills for raising revenue shall originate 
in the House of Representatives; but the Senate may propose or 
concur with amendments as on other bills. 

( 2 ) Every bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it becomes a law, be 
presented to the President of the United States; if he approves he 
shall sign it, but if not he shall return it, with his objections to 
that House in which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to reconsider it. 
If after such reconsideration two-thirds of that House shall agree to 
pass the bill, it shall be sent, together with the objections, to the 
other House, by which likewise it shall be reconsidered, and if 
approved by two-thirds of that House, it shall become a law. But 
in all such cases the vote of both Houses shall be determined by 
yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each Hous^ respectively. 
If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in which 
case it shall not be a law. 

(3) Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 

*$5,000 a year. 

|See Hinsdale’s American Government. 


50 




effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of Repre¬ 
sentatives, according to the rules and limitations prescribed in the 
case of a bill. 

^SECTION 8 (1) The Congress shall have power to lay and 

collect taxes, duties, imposts and excises, to pay the debts and 
provide for the common defence and general welfare of the United 
States; but all duties, imposts and excises shall be uniform 
throughout the United States. 

(2) To borrow money on the credit of the United States. 

(3) To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

(4) To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States. 

(5) tTo coin money regulate the value thereof, and of foreign 
coin, and fix standard of weights and measures. 

(6) To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

(7) To establish post offices and post roads. 

(8) To promote the progress of science and the useful arts by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries. 

(9) To constitute tribunals inferior to the Supreme Court. 

(10) To define and punish piracies and felonies committed on 
the high seas, and offences against the law of nations. 

(if) To declare war. grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

(12) To raise and support armies, but no appropriation of 
money to that use shall be for a longer period than two years. 

(13) To provide and maintain a navy. 

(14) To make rules for the government and regulation of the 
land and naval forces. 

(15) To provide for the calling forth of the militia to execute 
the laws of the Union, suppress insurrections and repel invasions. 

(16) To provide for organizing, arming and deciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States re- 
pectively the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by Con¬ 
gress. 

(17) To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptanceof Congress, become 
the seat of the government of the United States, and to exercise 
like authority over all places purchased by the consent of the legis¬ 
lature of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dockyards, and other needful buildings. 

*See Hinsdale’s American Government and Andrew’s Manual of the Constitution of the 
United States 

fHinsdale’s American Government. 


/ 


51 



*(18) To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers vested by this 
Constitution in the government of the United States, or in any De¬ 
partment or officer thereof.t 

SECTION 9—(1) The migration of importation of such persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight, but a tax or duty may be im¬ 
posed on such importation, not exceeding ten dollars for each 
person. 

(2) The privilege of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. I 

(3) No bill of attainder nor ex post facto law shall be passed. 

(4) No capitation, or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to be 
taken. 

(5) No tax or duty shall be laid on articles exported from any 
State. 

(6) No preference shall be given by any regulation of com¬ 
merce or revenue to the ports of one State over those of another; nor 
shall vessels bound to, or from, one State be obliged to enter, clear 
or pay duties in another. 

(7) No money shall be drawn from the treasury, but in con¬ 
sequence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

(8) No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu¬ 
ment, office, or title of any kind whatever, from any king, prince, 
or foreign State. 

SECTION 10—(l) No State shall enter into any treaty, 
alliance, or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but gold and silver 
coin a tender in payment of debts; pass any bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

(2) No State shall without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

(3) No State shall without the consent of Congress, lay any 
duty of tonnage, keep troops, or ships of war in tim e of peace, 

*See Suggestive Questions, page 270 No. 25, Fiske’s Civil Government of United States. 

tSee Discussions of'lmplied Powers” in Ashley’s American Government also Hinsdale’s 
American Government. 

tRead of the suspension of the writ of Habeas Corpus in the administration of Lincoln. 

52 



enter into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in such 
imminent danger as»will not admit of delay. 

ARTICLE 11. 

SECTION 1—(l) The executive power shall be vested in a 
President of the United States of America. He shall hold his 
office during the term of four years, and, together with the Vice- 
President, chosen for the same term, be elected, as follows: 

(2) Each State shall appoint, in such manner as the legisla¬ 
ture thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the Congress; butno>enator or representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an in¬ 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
president of the Senate. The president of the Senate, shall, in 
the presence of the Senate and House of Representatives open all 
the certificates and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed ; and 
if there be more than one who have such majority, and have an 
equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the 
representation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice.* 

In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice 
President 

(3) The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States. 

(4) No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 


53 


4 


(5) In case ot the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice-Presi¬ 
dent, and the Congress may provide by law for the case of removal, 
death, resignation, or inability, both of the President and Vice 
President, declaring what officer shall act accordingly, until the 
disability be removed, or a President shall be elected. 

(6) The President shall, at stated times, receive for his ser¬ 
vices a compensation, which shall neither be increased nor dimin¬ 
ished during the period for which he shall have been elected, and 
he shall not receive within that period any other emolument from 
the United States, or any of them. 

(7) Before he enters on the execution of his office, he shall 
take the following oath or affirmation: “I do solemnly swear (or 
affirm) that 1 will faithfully execute the office of President of the 
United States, and will to the best of my ability preserve, protect 
and defend the Constitution of the United States.” 

Section 2. (l) The President shall be commander in chief 

of the army and navy of the United States, and of the militia of 
the several States, when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject rela¬ 
tive to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

(2) He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Sena¬ 
tors present concur;- and he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint ambassadors, 
other public ministers and consuls, judges of the Supreme Court, 
and all other officers of the United States whose appointments are 
not herein otherwise provided for, and which shall he established 
by law; but the Congress may by law vest the appointment of 
such inferior officers as they think proper, in the President alone, 
in the courts of law, or in the heads of departments. 

(3) The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting com¬ 
missions which shall expire at the end of their next session. 

Section 3. (l) He shall from time to time give to the Con¬ 

gress, information of the state of the Union, and recommend to 
their consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
Houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may adjourn 
them to such time as he may think proper; he shall receive am¬ 
bassadors and other public ministers; he shall take care that the 
laws be faithfully executed, and shall commission all the officers 
of the United States.* 


* For details of Administrative Departments see “Our Republic.” 


54 



Section 4. The President, Vice President and all civil officers 
of the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The judges, 
both of the supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during their 
continuance in office.* 

Section 2. Tfye judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the laws of the 
United States and treaties made, or which shall be made, under 
their authority: to all cases affecting ambassadors, other public 
ministers and consuls; to all cases of admiralty and maratime juris¬ 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more states; between a 
state and citizens of another state; between citizens of different 
states; between citizens of the same state claiming lands under 
grants of different states and between a state, or the citizens there¬ 
of, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a State shall be party, the Su¬ 
preme Court shall have original jurisdiction. In all other cases 
before mentioned, the Supreme Court shall have appellate jurisdic¬ 
tion both as to law and fact, with such exceptions, and under such 
regulations as the Congress shall make. 

3. The trial of all crimes, except in cases pf impeachment, 
shall be by jury; and such trial shall be held in the State where 
the said crimes shall have been committed; but when not commit¬ 
ted within any State, the trial shall be at such place or places as 
the Congress may by law have directed. 

Section 1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

2. The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section 1. (1) Full faith and credit shall be given in each State 
to the public acts, records and j udicial proceedings of every other 

* See Hinsdale’s American Government and World’s Almanac. 


I G. 


55 



State. And the Congress may by general laws prescribe the man¬ 
ner in which such acts, records and proceedings shall be proved, 
and the effect thereof. 

SECTION 2 —1. The citizens of each State shall be entitled to 
all privileges and immunities of citizens of the several States 

2. A person charged in any State with treason, felony or 
other crime, who shall flee from justice, and be found in another 
State, shall on demand of the executive authority of the State from 
which he fled, be delivered up to be removed to the State having 
jurisdiction of the ciime. 

3. No person held to service or labor in one State under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser¬ 
vice or labor may be due.* 

SECTION 3.—1. New States may be admitted by the Con¬ 
gress into this Union; but no new State shall be formed or erected 
within the jurisdiction of any other; nor any State be formed by 
the junction of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other pro¬ 
perty belonging to the United States; and nothing in this Con¬ 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

SECTION. 4. The United States shall guarantee to every 
State in this Union a republican form of government, and shall 
protect each of them against invasion; and on application of the 
legislature or of the executive (when the legislature cannot be 
convened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or on 
the application of the legislatures of two-thirds of the several 
States shall call a convention for proposing amendments, which 
in either case, shall be valid to all extents and purposes, as part of 
this Constitution, when ratified by the legislatures of three-fourths 
thereof, as the one or the other mode of ratification may be pro¬ 
posed by the Congress; Provided, that no amendment which may 
be prior to the year one thousand eight hundred and eight shall in 
any manner affect the first and fourth clauses in the ninth section 
of the first article; and that no State, without its consent shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before 
the adoption of the constitution, shall be valid against the United 
States under this Constitution as under the Confederation. 

*See the 13th' Amendment. 


56 






t 


2. This Constitution and the laws of th° United States 
which shall be made in pursuance thereof: and all treaties made, 
or which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State ihall be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States, and of the several 
States, shall be bound by oath or affirmation to support this Con¬ 
stitution; but no religious test shall ever be required as a qualifica¬ 
tion to any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of. nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in Convention by the unanimous consent of the States 
present the seventeenth day of September in the year of our Lord 
one thousand seven hundred and eighty-seven, and of the inde¬ 
pendence of the United states of America the twelfth. In witness 
thereof we have hereunto subscribed our names, 

GEORGE WASHINGTON, 

President and Deputy, From Virginia. 


NEW HAMPSHIRE. 
John Langdon, 

Nicholas Gilmore. 

MASSACHUSETTS. 
Nathaniel Gorham, 

Rufus King. 

CONNECTICUT. 
Wm. Samuel Johnson, 
Roger Sherman. 

NEW YORK. 
Alexander Hamilton. 

DELEWARE. 

George Read, 

Gunning Bedford Jun. 
John Dickinson, 

Richard Bassett, 

Jacob Broom. 

MARYLAND. 

James McHenry, 

Dan of St. Thos’ Jenifer, 
Daniel Carrol. 

VIRGINIA. 

John Blair, 

James Madison. Jr. 


NEW JERSEY. 

Will. Livingston, 

David Brearly, 

Wm. Paterson, 

Jona. Dayton. 

PENNSYLVANIA. 

B. Franklin, 

Thomas Mifflin, 

Robert Morris, 

Geo. Clymer, 

Thomas Fitzsimmons, 

Jared Ingersoll, 

James Wilson, 

Gouv. Morris. 

NORTH CAROLINA. 
William Blount, 

Richard Dobbs Spaight, 

Hu Williamson. 

SOUTH CAROLINA. 
James Rutledge 
Charles. C. Pinckney, 
Charles Pinckney, 

Pierce Butler. 

GEORGIA. 

William Few, 

Abraham Baldwin, 
it WiJiam Jackson. Secretary. 


57 


Articles in addition to, and amendment of, the Constitution of the 

United States of America, proposed by Congress, and ratified 

by the legislature of the several States pursuant to the fifth 

article of the original Constitution. 

ARTICLE I. 

Congress shall make no law respecting the establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a re¬ 
dress of grievances.* 

ARTICLE II. 

A well regulated militia, being necessary to the stcurity of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall in time of peace be quartered in any house 
without the consent of the owner, nor in time of war but in a man¬ 
ner prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon proba¬ 
ble cause supported by oath or affirmation, and particularly de¬ 
scribing the place to be searched, and the persons or things to be 
seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time cf war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty or property, without the due process of law, nor shall 
private property be taken for public use without just compensa¬ 
tion. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be in¬ 
formed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory pro¬ 
cess for obtaining witnesses in his favor, and to have the assist¬ 
ance of counsel for his defense. 

♦First ten amendments proposed by Congiess, Sept. 25, 1789. Proclaimed to be in 
force December 15, 1791. 


58 




ARTICLE VII. 

In suits at common law, where the value in controversy shall 
-exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the com¬ 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im¬ 
posed. nor cruel and unusual punishments inflicted. 


ARTICLE IX. 

The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

- ARTICLE X. 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it tu the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XI.* 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against ore of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 

ARTICLE XII. 

fThe electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballot the pers >11 voted for as President, and in 
distinct ballots the person voted for as Vice Pre>ident, and they 
shall make distinct li^ts of all persons v -ted for as President, and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which list they shall sign or certify, and tran.-mit 
sealed to the seat of the government of the United States, direct to 
the President of the Senate; The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open all 
the certificates and the votes shall then be counted. The person 
having the greatest number of votes for President shall be Presi¬ 
dent, if such number be a majority of the whole number of electors 
appointed; and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But in choos¬ 
ing the President, the votes shall be taken by States, the repre¬ 
sentation from each State having one vote; a quorum for this 

* Proposed Sept. 5. 1794. Declared in force Jan. 8, 1798. 

fProposed Dec. 12‘ 1803. Declared in force Sept. 25, 1804. 


59 





purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 
President shall act as President, as in case of the death or Con¬ 
stitutional disability of the President. The person having the 
greatest number of votes shall be the Vice-President, if such num¬ 
ber be a majority of the whole number of electors appointed, and 
if no person have a majority, then from the two highest numbers 
on the list, the Senate shall choose the Vice-President; a quorum 
for the purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President of the 
United States.* 


ARTICLE XIII. 

Sec. 1 . Neither slavery or involuntary servitude, except as 
punishmtnt for crime whereof the party shall have been convicted, 
shall exist within the United States, or any place subject to their 
jurisdiction. 

Sec. 2. Congress shall have power to enforce this law by 
appropriate legislation. 

. ARTICLE XIV. 

Sec. 1. All persons born or naturalized in the United States 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the States wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States; nor shall any State deprive any 
person of life, liberty or property, without due process of law; nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 

Sec. 2. Representatives shall be apportioned among the 
several States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed But when the right to vote at any election for the choice 
of electors for President and^ Vice President of the United States, 
representatives in Congress, the executive and judicial officers of a 
State, or the members of the legislature thereof, is denied to any 
one of the male inhabitants of such State, being twenty-one years 
of age. and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of 
representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

*Kead of the election of Jackson. 


60 




Sec. 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice President, or hold any 
office civil or military, under the United States, or under any State 
who, having previously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of any State 
legislature, or as an executive or judicial officer of any State, to 
support the Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid or com¬ 
fort to the enemies thereof. But Congress may by vote of two- 
thirds of each House remove such disability. 

Sect. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payments 
of pensions and bounties for services in suppressing insurrections 
or rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave; but all such debts, 
obligations and claims, shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce by 
appropriate legislation, the provisions of this article. 

ARTICLE XV* 

Sec. 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. 


^Declared in force March 30, 1870. 



61 





JUL 26 19C8 


HELPFUL TEXTS. 


Hinsdale’s American Government. [Werner Co. , New York.] 
[.Excellent detailed explanation of the Constitution .] 

Fiske’s Critical Period of American History. [Houghton, 
Mifflin & Co., Boston.] 

Fiske’s Civil Government. 

\_Suggestive Questions .] 

The American Federal State, Ashley. [Macmillan Co.] 

[ Excellent .] 

American Government, Ashley. [Macmillan Co ] 

Studies in Civics, McCleary. [American Book Co.] 

[.Excellent suggestive questions , also Forms , Tables, and Ex¬ 
planation .] 

History of United States, Elson. [Macmillan Co.] 

[.Rich in interesting details .] 

New Manual of the Constitution, Andrews. [American 

Book Co.] 

School Civics, Boytnon. [Ginn & Co.] 

(Adopted Text.) 

4 t 

History and Civil Government of Louisiana, Ficklen. 

American Commonwealth, Bryce. [Macmillan Co.] 

[.Indispensable for references .] 


62 











